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Spanish Civil War: The recovery and identification of combatants
Abstract
In the context of exhumations of individuals who died during the Spanish Civil War (1936-1939), since the year 2000, over 780 mass graves have been excavated using archaeological methodology and following forensic protocols. Most of the recovered more than 9600 bodies have tended to be from the Republican civil population, the majority having been executed extrajudicially. However, a number of exhumations relate to the remains of soldiers who died in combat. In fact, approximately 100 individual or mass graves have been investigated and exhumed, containing the remains of combatants. These burials tend to be in the same location where they fell, usually in the front line, or close to the field hospitals where they went after being wounded initially. During the recovery of the human remains, a number of artefacts related to the uniform as well as personal effects have been found. An interdisciplinary approach from archaeology, anthropology, genetics, history and other disciplines has enabled the identification of some of these combatants.
The aim of this paper is to present the data obtained from these combatants and highlight the work undertaken in Spain, and the efforts by scientists to exhume, identify and return the remains to relatives where possible.
... Gomes et al. 2019aC. Gomes et al. , 2019bPalomo-Díez et al. 2019;Etxeberria et al. 2021;Herrasti et al. 2021;Palomo-Díez et al. 2021), mostly due to the concerns of the affected family members. It is estimated that the number of victims could exceed 300,000 individuals (Thomas 1977;Simkin 2012;Alonso-Milan 2015;Clodfelter 2017). ...
... It is estimated that the number of victims could exceed 300,000 individuals (Thomas 1977;Simkin 2012;Alonso-Milan 2015;Clodfelter 2017). The action model for the identification of human remains is based on annual governmental calls for family or historical associations so that they take the necessary steps for the identification process to begin properly (Ríos 2012;Etxeberria et al. 2021;Herrasti et al. 2021). The financial support initially provided by families and/or associations is what often allows for the beginning of the investigation process and the victims' identification Herrasti et al. 2021). ...
... The action model for the identification of human remains is based on annual governmental calls for family or historical associations so that they take the necessary steps for the identification process to begin properly (Ríos 2012;Etxeberria et al. 2021;Herrasti et al. 2021). The financial support initially provided by families and/or associations is what often allows for the beginning of the investigation process and the victims' identification Herrasti et al. 2021). For example, in the case of Catalonia (Spain), the government of the Generalitat has taken the initiative to call public tenders for the identification of individuals who died in the Civil War and during the Franco Dictatorship in that specific territory (Palomo-Díez et al. 2019). ...
Regarding human identification in armed conflicts, various complications can be observed. Usually, such difficulties can be social-related, which can include the lack of access to the relative’s genetic material, or the unwillingness of administrative and judicial authorities to participate in the process of identification. In the case of genetics, the analysis allows identifying the individual from a blood sample, a part of an organ, or from skeletal remains, which is why it is considered a much more extensive and effective method when compared with fingerprint techniques or odontology. However, several factors can prevent this identification, such as considerably degraded genetic material. For successful identification, it is mandatory to have access to antemortem biological samples unequivocally attributed to the individual in question, using recombinant nuclear markers, as well as using biological samples from close relatives, whether parents or sons. Nevertheless, the problems associated with armed conflicts make this type of study very difficult. In this article, we focus on the main difficulties encountered when identifying an individual victim of an armed conflict, as well as on the possibilities that exist and on viable measures that could be required to improve the identification of these victims.
... However, significant shortcomings have been identified in the functioning of the military justice system, which negatively affects the ability to ensure the rights of servicemen. High-quality and transparent military justice is the basis not only for protecting the rights of the military, but also for maintaining the combat capability of the army and the trust of citizens (Herrasti et al., 2021). One of the available remedies for servicemen is the hotlines of the Ministry of Defence of Ukraine, the Ukrainian Parliament Commissioner for Human Social & Legal Studios,Vol. ...
The relevance of this topic is stipulated by the need to improve judicial mechanisms for the protection of the rights of servicemen, taking into account changes in legislation related to martial law, the need to harmonise national legislation with international standards, and the growing public demand for transparent protection of the rights of servicemen. The purpose of this study was to comprehensively examine the approaches to ensuring the rights of servicemen in the administrative proceedings. The study used a comparative method of analysing the legislative provisions and court practice governing the administrative protection of military personnelʼs rights. A systematic analysis of court decisions in cases involving military personnel is carried out. The author identifies the main obstacles to effective protection of the rights of this category of persons, among which is the lack of special procedural guarantees. Recommendations are made to improve the legal framework to enhance the level of judicial protection of the military. The study also analysed the international experience of such countries as the United States, the United Kingdom, Canada, Turkey, and Israel. The study showed that in the United States, the rights of the military are protected through specialized military courts, as well as through civilian courts, where the rights of military personnel are protected under human rights laws and federal legislation. In the UK and Canada, case law actively promotes the protection of the military in administrative proceedings. In Turkey and Israel, the existence of military courts allows for prompt resolution of discipline and service issues. At the same time, the protection of the rights of servicemen in these countries is based on national human rights legislation, and only the member states of the Council of Europe that have ratified the European Convention on Human Rights take into account the precedents of the European Court of Human Rights in their case law. The findings of the study confirmed the importance of adapting the best international practices to build an effective system of administrative judicial protection of the rights of servicemen in Ukraine, in particular through the implementation of international standards and the creation of specialized legal institutions for the military
... According to the International Committee of the Red Cross (ICRC), these activities "seek to alleviate human suffering and protect the dignity of all victims of armed conflict and catastrophes, carried out in a neutral, impartial and independent manner, free of charge and framed under International Humanitarian Law" [2]. The recovery and identification of the remains of victims of extrajudicial executions in the Spanish Civil War or of Argentine soldiers in the Islas Malvinas/ Falkland Islands conflict, and the management of dead bodies in the context of major humanitarian disasters, such as the 2010 earthquake in Haiti, the Ebola epidemic in Africa, or the humanitarian crisis caused by the drowning in the Mediterranean Sea of hundreds of people trying to emigrate from Africa to Europe, are some examples that clearly illustrate the need for the development of this field of forensic action [2][3][4][5][6]. ...
Humanitarian Forensic Action (HFA) is considered a new field of Forensic Medicine and Forensic Sciences where the forensic science is applied to different humanitarian activities. In Uruguay, the HFA has been developed based on international documents and developed some methodologies appropriate to the particular features of the country. The Department of Legal Medicine and Forensic Sciences has devised and maintained several lines of action in response to demands from public institutions and other requests from victims, families, prosecutors and courts. In every instance, humanitarian forensic work contributes to the education and training of young forensic professionals.
... Therefore, it is expected of the institution to work with research and continuous service rendering (forensic and genetic analyses) to assist the justice system, foster public policy, and contribute with historical reparations as well as the reduction of violations. Concurrently, the institution targets to train capable professionals and researchers so they can partake in human rights issues from a multidisciplinary forensic perspective [10]. ...
Every year thousands of people disappear in Brazil. However, it is still not clear how many of these are related to cases of forced disappearance resulting from institutional and state violence. A growing demand arising from family members of missing persons has resulted in creating of the Human Identification Lab at the Center of Anthropology and Forensic Archeology at the Federal University of São Paulo, São Paulo, Brazil. The intersection between the struggles of family members and the forensic knowledge at the university enabled the development of methodologies and protocols divided into three stages: ante mortem; post mortem, and forensic genetic, specifically built to identify victims of forced disappearance.
... In recent years, there have been several undertakings to locate and exhume the graves of soldiers all over Spain (Etxeberría 2004;Solé i Barjau 2009;Penedo et al. 2009;González-Ruibal 2007;Herrasti et al. 2014;González-Ruibal 2016;Domínguez et al. 2017;Herrasti, Márquez-Grant, and Etxeberria 2021), however it has not usually been possible to determine their identity for a wide range of reasons. On the one hand, information is not reliable because often all that is available are certificates of disappearance, which include information about the various battalions and military posts, and the location of disappearance, but is no guarantee that a soldier was actually at a specific geographic location during the battles. ...
Every conflict referred to as a war results in the horror of loss and death. This is true of any war, and the Spanish Civil War is a good example. Many people disappeared and were never found again, mainly because nobody ever looked for them. There were several counteroffensives on the eastern war front in Spain's Levante region during 1938, which, although ending in Pyrrhic victories for the Republican Army, were forgotten for years, as were the bodies of the soldiers abandoned to the elements on the battlefields. In 2014, this research project was developed to locate, exhume, and identify four graves containing the bodies of Republican soldiers found at the site of Peña Salada, Spain. The graves were found to contain five individuals, including some considered to be juvenile soldiers, aged between 14 and 20. They displayed many signs of violence, and it was possible to infer differences in injuries from bladed weapons and firearms. There was also evidence of the pillaging and desecration of the burial site. The genetic profiles of the five individuals were obtained in order to create a DNA database, which would make it possible to compare their profiles with those of potential family members who still live with the uncertainty of not knowing the whereabouts of their loved ones. This study offers the first scientific evidence of the participation of juvenile soldiers on the Levante Front, within the context of the Spanish Civil War.
This paper compares the context of the burials of combatants with the burial circumstances of civilian victims from the Spanish Civil War and dictatorship, along with the biological profile and trauma patterns of the remains and associated artefacts. The burial context of the 41 individuals from two cemetery mass grave sites was compared to remains from the International Brigades that were found outside in Central Spain. Different patterns were apparent regarding material culture associations, such as in the presence of ammunition with the brigadiers who had been left where they died in combat, whilst the civilians had few personal effects. Trauma patterns were also compared among the different sites, and the trauma sustained by the Brigadiers differed from that of the civilians who had been killed. Awareness of differing patterns common to combatants and civilians during the Spanish Civil War can assist in efforts to identify remains from this conflict.
Spain suffered a Civil War between 1936 and 1939 that ended with the victory of the National Forces led by General Franco. Once the Spanish Civil War ended, 2238 subjects were executed and buried in several mass graves in the Cemetery of Paterna, one of Spain's largest mass grave sites. Efforts to locate and identify all the victims of the mass graves of the Paterna cemetery are ongoing, but the actual data of the percentage of DNA identifications remains uncertain. Following this, we conducted a meta-research study including 15 mass graves and 933 subjects to determine the DNA identification rates in the mass graves of the Paterna cemetery. We found that the total proportion of identified subjects in the mass graves was 15.9 % (95 % CI: 10.0–22.9). Moreover, we found that the model between the identification success rate (ISR) and the number of relatives that donated DNA (NRTDD) in the mass graves of the cemetery of Paterna was ISR = NRTDD−0.424. Results obtained about the proportion of identified subjects and the model between the ISR and the NRTDD imply the need for a scientific reflection between all the research groups involved in the identification tasks to modify deficiencies and update identification protocols to obtain better future results.
The definition of the jurisdiction of human remains from mass graves related to war crimes, committed in Europe during the two World Wars and civil wars, is to be considered a contemporary topic because of the still existing heterogeneous European legal situation and undefined delineation of pertinences. The excavation of these burial sites is complex mainly because of the ethical issues hidden behind the treatment of human remains, especially those concerning violations of human rights, and the concurrent need for both forensic competencies and archaeological-anthropological ones that result in different handling practices adopted by each country. Since there are no standardized and recognized protocols regarding the excavation of mass graves, there is also a difference in the chronological limits for a burial to be defined of forensic inter-est/competence, opening an investigation to prosecute the guilty parties, or of historical-archaeological one, collecting data to evaluate the bio-demographic characteristics of a population. This review of the literature aims to briefly summarize three key points for each state: the existence of a law explicating a chronological threshold between forensic and archaeological jurisdiction, the related pertinence of the excavation of human remains and the establishment of regulations respecting the reburial of human remains.
Asbtract
Humanitarian forensic action, a novel field of application of forensic science, has evolved to assist the humanitarian response to armed conflicts, other situations of violence and catastrophic events. It is discipline framed by International Humanitarian and Human Rights Law and it was shaped up by the early experience of the Argentine Forensic Anthropology Team and that of the Grandmothers of Plaza de Mayo in Argentina during the 80s and 90s and later developed by international organizations, including the United Nations and the International Committee of the Red Cross. Having demonstrated its worth, including for peace‐building, and evolving rapidly, this new field of application of forensic medicine and science needs further development, integration, and research to meet growing needs at global scale.
This article is categorized under: Forensic Medicine > Mass Casualty Management
Forensic Anthropology > Anthropology in Mass Disaster & War Crime Contexts
Forensic Biology > Ethical and Social Implications
Although the investigation of human rights cases often comes late, especially with regard to living relatives, the current investigations searching for victims of the Spanish Civil War (1936–1939) and the Francoist regime that followed until the 1970s also comes now with better methods of search and identification, which would not have been available decades ago. Since the year 2000, year in which the first scientific investigation of a Spanish Civil War mass grave took place, over 400 graves or mass graves out of the estimated 2000 in Spain have been excavated, totalling over 9000 victims recovered. This paper provides a current state of affairs, particularly relating to the forensic archaeology and forensic anthropology, in the search, excavation and identification of those killed during this conflict in Spain.
En el presente artículo se efectúa una radiografía sobre el devenir de las exhumaciones en España desde el año 2000 hasta el 2018. La llamada “Memoria histórica” y sus orígenes se asocian en España al hallazgo de restos humanos en fosas comunes, destacando la precaria implicación oficial en este proceso, tanto en el plano administrativo como en el judicial. Se exponen las exhumaciones realizadas desde un punto de vista historiográfico, se ofrece un balance actualizado de estas intervenciones y se incide en la relevancia de la interdisciplinariedad. Asimismo, se expone el ámbito normativo en esta materia y los cambios que ha sufrido a nivel estatal y en las diferentes comunidades autónomas con el fin de dar a conocer los avances alcanzados en cada territorio.
En este artículo planteamos un estado de la cuestión de la Arqueología de la Guerra Civil española en Cataluña a partir de las intervenciones arqueológicas y los estudios de impacto arqueológico, cuyos resultados han logrado visibilizar los restos patrimoniales del conflicto bélico. Planteamos en las siguientes líneas, desde la ciencia arqueológica, algunos ejemplos de exhumaciones de víctimas y recogida en superficie de restos antropológicos, de estudios sobre campos de batalla y de elementos arquitectónicos de defensa activa y pasiva en el territorio catalán.
Since the beginning of the twenty-first century, Spain has experienced a cycle of exhumations of the mass graves of the Spanish Civil War (1936–39) and has rediscovered that the largest mass grave of the state is the monument that glorifies the Franco regime: the Valley of the Fallen. Building work in the Sierra de Guadarrama, near Madrid, was begun in 1940 and was not completed until 1958. This article analyses for the first time the regime's wish, from the start of the works, for the construction of the Valley of the Fallen to outdo the monument of El Escorial. At the same time the regime sought to create a new location to sanctify the dictatorship through the vast transfer to its crypts of the remains of the dead of the opposing sides of the war.
At the end of the 19th century, concern about the identity of soldiers injured or killed in battle motivated the creation of an identification system with metal discs that hung from the neck or were worn around the wrist. It was the soldiers themselves who were afraid of dying without an identity.
Personal identification plates have had a long tradition in all armies, although their use spread in the 20th century as a result of the First World War.
Their use is currently regulated by specific provisions that follow the same original idea.
The implementation of the systematic exhumation of soldiers’ mass-graves by professional archaeologists has allowed the recovery of some of these objects, which are of great importance to ascertain the historical facts and permit an identification of the cases, which is very useful from a forensic perspective.
The use of these discs meant that the bodies in the battlefield could be identified and also that the fact could be recorded in a reliable way. These same discs are currently used to establish the identity of individuals recovered in exhumations of human remains from the Spanish Civil War (1936- 1939). These exhumations have been performed according to scientific method.
We present several examples of identification discs which have been recovered in these exhumations, and which have facilitated the identification of the soldiers buried in them.
In the excavations on the grounds of the shrine of Our Lady of Assumption in Ocio (Zambrana, Alava-Araba) in 2010, there were found 48 individual tombs and a collective burial. The latter was a mass grave with 13 male remains who had died in a violent event. All of them showed skull and/or body wounds possibly produced by lead firearm projectiles. They also presented injuries provoked by sharp weapons and direct traumas. The historical research tell us that 13 inhabitants of Briñas (village close to Ocio) died in a military clash in 1822. This event was related to the fight between absolutists (realists) and liberals (constitutionals), at the prolegomena of the First Carlist War.
Since 2000, numerous exhumations have taken place in Spain in response to a historical memory protest movement related to the Civil War and the Dictatorship of General Francisco Franco. It is estimated that over the last decade, 379 graves have been exhumed, from which 6,680 skeletons have been recovered and studied from a forensic perspective.
Thousands of victims of the Civil War (1936-1939) remain buried in common graves all over the country. However, in addition to graves dug in peripheral areas or cemeteries, artificial wells and natural shafts were also used to hide the evidence of bloody crimes. Such resources have been used throughout history in ituations of conflict and they explain some of the finds that have been made: bodies hidden in places where it seemed impossible they could be found and, therefore, retrieved. However, advances in archaeological techniques in the field of Forensic Science have made it possible to recover these remains for analysis.
In particular, exhumations in wells and caves present further difficulties for archaeological techniques, so a specific methodology has been developed which is continuously being improved and adapted to each individual case. Furthermore, it has been shown that even when it is considered impossible to recover these remains, it is always possible to design specific techniques to enable excavations to be performed correctly.
This paper presents the results of these actions, cataloguing the places where exhumations have taken place and others where they are yet to be completed. Some of these cases were not investigated using appropriate methods as they did not involve professional archaeologists or forensic scientists.
Forensic archaeology and forensic anthropology play a vital role when faced with the challenge of performing excavations under rubble that has been deliberately dumped in order to conceal the crimes at the bottom of caves and wells.
Las investigaciones sobre Paleopatología en el País Vasco dan comienzo en la década de los años 80 y se enmarcan en los estudios de Paleoantropología de larga tradición en este medio. La metodología y sistemática empleada en estas investigaciones, como disciplina históri-co médica, es la propia de la Antropología en las Ciencias Forenses. Para ello se han conjugado los medios técnicos y humanos de entidades como la Sociedad de Ciencias Aranzadi y la Facultad de Medicina de la Universidad del País Vasco en su Unidad Docente de Medicina Legal y Forense, que han posibilitado diferentes resultados publicados y presentados en congresos específicos, entre los que cabe destacar el 1º Congreso Nacional de Paleopatología celebrado en el Donostia – San Sebastián en 1991 y cuyas actas fueron publicadas en Munibe (Antropologia – Arkeologia). De este modo, se ha generado una amplia bibliografía de la que entresacamos los casos interpretados como la causa de muerte en yacimientos de distintas cronologías y que pueden ser parcialmente representativos de esta realidad. Las fracturas y he-ridas sin supervivencia serían elementos objetivos de muertes violentas. Al igual que en otras disciplinas de estudio en el ámbito de la Paleoantropología, hay que reconocer las limitaciones de la Paleopatología, en donde tras la definición de la lesión elemental del hueso inferi-mos sus consecuencias, es decir su significado a escala individual y de grupo humano. ABSTRACT Research on Paleopathology in the Basque Country started in the decade of the eighties and is framed within Paleoanthropology studies, which have a long tradition in this medium. The methodology and systematics used in this research, as a historical medical discipline, is typical of Anthropology in Forensic Sciences. Technical and human means from entities such as the Aranzadi Society of Sciences and the Faculty of Medicine of the University of the Basque Country, and more specifically its Legal and Forensic Medicine Teaching Unit, have combined for this and have facilitated different results published and presented at specific congresses. One of the most important of these congresses was the 1st National Congress of Paleopathology held in Donostia – San Sebastian in 1991 and whose minutes were published in Munibe (Anthropology – Archaeology). Thus, an extensive bibliography has been generated, from which we have extracted the cases interpreted as the cause of death in sites of different chronologies and which may be partially representative of this reality. Fractures and injuries without survival would be objective elements of violent death. As in other study disciplines within the field of Paleoanthropology, the limitations of Paleopathology must be acknowledged, where the definition of the elementary lesion of the bone leads us to inference or significance on a human group and individual scale. LABURPENA Euskal Herrian, Paleopatologiako ikerketak 80ko hamarkadan hasi ziren, inguru honetan tradizio handia duten Paleoantropologiako ikaske-ten barnean. Ikerketa hauetan erabiltzen den metodología eta sistematika Auzitegietako Zientzietako Antropologian baliatu ohi dena da. Horretarako, Aranzadi Zientzi Elkartea eta Euskal Herriko Unibertsitateko Medikuntza Fakultateko Lege eta Auzitegiko Medikuntzako Irakaskuntza Unitatea bezalako erakundeen giza baliabideak eta baliabide teknikoak elkartu dira. Honenbestez, hainbat emaitza lortu eta espe-zialitate honetako kongresutara aurkeztu dira, hala nola Donotian 1991n izan zen Paleopatologiako I. Nazio Batzarra –zeinaren batzar-agiriak Munibe (Antropologia – Arkeologia) aldizkarian argitaratu ziren. Hala, bibliografia zabala eratu da gai honen inguruan, besteak beste, zenbait kronologiatako aztarnategietako gorpuen heriotzen interpretazioak, errealitate honen zati baten erakusgarri. Biziraupenik gabeko hezur-haustu-rak eta zauriak bortxa heriotzetako elementu objektiboak lirateke. Beste zientzia batzuetan bezala, Paleoantropologian ere beharrezkoa da pa-leopatologiaren mugak ezagutzea, izan ere, hezurraren oinarrizko lesioak gizabanakoaren eta giza-taldearen inferentziara edo esanahira gara-matza.
The identification process of human skeletal remains exhumed from a mass grave from the Spanish Civil War (1936-1939) is presented. Information regarding the presumptive location of the grave and the presumptive number and identities of the persons buried in the grave was collected from interviews and written records from relatives and witnesses, as well as from research at the penitentiary archive. Antemortem individual data were collected from testimonies, and from research from penitentiary, army and civil archives. The consistency between data obtained from testimonies, archives, archaeology and osteology allowed a targeted approach to DNA typing based on the assumption of the finding of a closed synchronic group. Two were the first genetic studies requested: the first study focused in the identification of a family group presumptively buried in the grave, compatible with a group of four skeletons that were associated on the basis of dental non-metric traits; the second study focused on the identification of the youngest person presumptively buried at the grave, compatible with the biologically youngest skeleton exhumed. A complete match between 16 Y-STR loci was observed for the four skeletons, as well as a match between mtDNA profiles of the biologically youngest skeleton and the sister of the youngest person presumptively known to be buried in the grave. These results, together with the accumulated evidence, led to propose the identification of these five persons. To date, identifications have been proposed for 17 out of 46 skeletons exhumed from the grave.
En este artículo se presenta un nuevo enfoque patrimonial y arqueológico sobre los estudios de los bombardeos de la Guerra Civil Española contra la población civil, exponiendo una propuesta metodológica interdisciplinar que estudia las huellas de estos bombardeos, aún presentes y visibles en nuestras ciudades en el siglo XXI. Se expone la posibilidad de analizar nuevas fuentes documentales y su encaje con el trabajo arqueológico. El estudio documental y arqueológico sobre los restos de estos bombardeos permite analizar el alcance de la destrucción y la permanencia de la huella de esta particular violencia en los edifiios de la trama urbana de Barcelona. Estos restos se erigen como agentes relevantes para la memorialización de los bombardeos fascistas sobre Barcelona y problematizan a su vez la consideración de los límites del patrimonio del conflcto desde la materialidad de un pasado traumático poco abordado.
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