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SECRET More characteristic of and more closely identified with the regime are the extraordinary courts charged with administering special laws for the defense of the security of the state, some of which are ex post facto. These courts are: Tribunal for Political Responsibilities during the Republic. This court was established by a decree of 9 February 1942 which was an adaptation of a similar law of the Republic directed against Monarchists. It formerly prosecuted persons on charges related to political activities of the Popular Front during the Republic. The Tribunal is now inactive but continues in legal existence, represented by a secretariat which maintains its archives. Tribunal for the Repression of Freemasonry and Communism. This court was established under a law of 1 May 1940. The court is presided over by political appointees. It was mainly devoted to prosecution of alleged Masons and has now become relatively inactive except for supervising a parole system under which persons sentenced for Masonic affiliation and subsequently released from prison must report to the tribunal at frequent intervals. Trials of persons charged with other political crimes are now conducted almost exclusively by military courts. Military Courts handle all cases concerning attacks on "the security of the State." By law and custom a broad interpretation is given this phrase, generally in accordance with Franco's declaration that "dissidence is treason." Severe penalties, ranging through fines and imprisonment to death, are prescribed for activities regarded as subversive. The Supreme Court of Military Justice in Madrid acts as the supreme court for the revision of sentences imposed by the lower military courts. Civilian lawyers may appear before the lower tribunals, but the defense normally is conducted by an Army officer whom the defendant is allowed to choose from a panel named by the Court. Petitions to employ civilian counsel usually are refused. C. Executive Branch. As Chief of State, President of the Government, and Chief of the Falange Party, General Franco controls the executive branch. Theoretically he is aided by a Council of State, a Council of Ministers, the National Council of the Falange, and the related Falange Political Council. To this list, a Council of the Realm has been added, in accordance with the Law of Succession. Most members of these bodies owe their appointment to Franco, either directly or through their Falange Party or other affilia- tion. They serve for indefinite terms and most of them may be dismissed at his will. Although supposedly guided by their advice in his conduct of the Government, General Franco has authority to issue orders and decrees independently. He may conclude treaties with other countries but only after consultation with the Council of the Realm. The Council of the Realm is a consultative body created in keeping with the concept of a renovated monarchy proclaimed by the Law of Succession. It consists of fourteen members, mainly chosen because of other State, Army, and Church offices they hold. The establishment of this council tended to consolidate the already advanced centralization of the Spanish Government under the personal rule of General Franco. Since the council legally is responsible for advising the Chief of State on all matters 7 SECRET

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Page context
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    "ocrText": "SECRET\nMore characteristic of and more closely identified with the regime are the\nextraordinary courts charged with administering special laws for the defense of the\nsecurity of the state, some of which are ex post facto. These courts are:\nTribunal for Political Responsibilities during the Republic. This court was\nestablished by a decree of 9 February 1942 which was an adaptation of a similar law of\nthe Republic directed against Monarchists. It formerly prosecuted persons on charges\nrelated to political activities of the Popular Front during the Republic. The Tribunal\nis now inactive but continues in legal existence, represented by a secretariat which\nmaintains its archives.\nTribunal for the Repression of Freemasonry and Communism. This court\nwas established under a law of 1 May 1940. The court is presided over by political\nappointees. It was mainly devoted to prosecution of alleged Masons and has now\nbecome relatively inactive except for supervising a parole system under which persons\nsentenced for Masonic affiliation and subsequently released from prison must report to\nthe tribunal at frequent intervals. Trials of persons charged with other political\ncrimes are now conducted almost exclusively by military courts.\nMilitary Courts handle all cases concerning attacks on \"the security of the\nState.\" By law and custom a broad interpretation is given this phrase, generally in\naccordance with Franco's declaration that \"dissidence is treason.\" Severe penalties,\nranging through fines and imprisonment to death, are prescribed for activities regarded\nas subversive. The Supreme Court of Military Justice in Madrid acts as the supreme\ncourt for the revision of sentences imposed by the lower military courts. Civilian\nlawyers may appear before the lower tribunals, but the defense normally is conducted\nby an Army officer whom the defendant is allowed to choose from a panel named by the\nCourt. Petitions to employ civilian counsel usually are refused.\nC.\nExecutive Branch.\nAs Chief of State, President of the Government, and Chief of the Falange\nParty, General Franco controls the executive branch. Theoretically he is aided by a\nCouncil of State, a Council of Ministers, the National Council of the Falange, and the\nrelated\nFalange\nPolitical Council. To this list, a Council of the Realm has been added,\nin accordance with the Law of Succession. Most members of these bodies owe their\nappointment to Franco, either directly or through their Falange Party or other affilia-\ntion. They serve for indefinite terms and most of them may be dismissed at his will.\nAlthough supposedly guided by their advice in his conduct of the Government, General\nFranco has authority to issue orders and decrees independently. He may conclude\ntreaties with other countries but only after consultation with the Council of the Realm.\nThe Council of the Realm is a consultative body created in keeping with the\nconcept of a renovated monarchy proclaimed by the Law of Succession. It consists of\nfourteen members, mainly chosen because of other State, Army, and Church offices they\nhold.\nThe establishment of this council tended to consolidate the already advanced\ncentralization of the Spanish Government under the personal rule of General Franco.\nSince the council legally is responsible for advising the Chief of State on all matters\n7\nSECRET"
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