Last updated:

November 24, 2025

یIs preserving the historical memory of committed crimes a part of human rights? / Mahnaz Sharayati

Definition of historical memory and its difference from history.

If we study “history” officially and systematically through sources and remnants left by people in the past, the “historical memory” is that part of history which is transmitted socially, culturally, and politically through a group or community of people.

Two features are mentioned to know the value of historical memory:

1. Historical memory helps us to use history. Historian Jorn Rusen says that historical memory is something that turns the sometimes tedious academic histories that we research and teach into a part of social reality. For example, we pay attention to examples of historical memories; a person’s recollection of an event like where they were on the morning of September 11, 2011, a cultural memory of life during Stalinist purges, or a national memory that celebrates the life and death of a loved one. These are all examples of how they create a meaningful connection between the past, present, and future.

2. Historical memory helps us see how the past is framed, controlled, preserved, and transmitted.

In other words, understanding who wants to remember whom and why? Who has been recorded and preserved in the past version? Who and what is worthy of being remembered?

There are many examples of the use of historical memory for seeking justice by citizens, which we will discuss some of them.

Britain and eradicating the legacy of colonial crimes

Studies show that Britain has collected and illegally kept or destroyed thousands of articles that describe the details of shameful acts.

An official investigation published by The Guardian has concluded that

This archive was revealed when a group of Kenyans who had been detained and tortured during the Mau Mau Uprising (2) were granted the right to sue the British government. Following this, the Foreign Office promised to release 8,800 files from 37 former colonies that were being held in a highly secure government communications center in Hanslope Park, Buckinghamshire.

Caroline Elkins, a historian at Harvard University, stirred controversy with her work on the suppression of the Mau Mau uprising, but also laid the groundwork for a human rights case that changed our perspective on Britain’s past.

This Harvard historian received a request in 2008 with the following subject: “Help us file a complaint against the British government for torture”; a request that was both impossible and dangerous at the time. It was impossible because the case, which was being collected by human rights lawyers in London, was trying to hold Britain accountable for crimes committed 50 years prior in Kenya, before independence. It was dangerous because investigating these wrongdoings had previously resulted in a wave of insults and disrespect towards the Elkins.

Caroline Elkins managed to secure the support of a legal firm in London for her project to file a claim for compensation on behalf of elderly Kenyans who had been tortured in detention camps during the Mau Mau uprising. Elkins’ research made this seemingly impossible task possible, and the lawyer handling the case asked her to sign on as an expert witness. (3)

There is an old saying that goes, “The past is the lantern of the future.” When all the historical artifacts have been erased and disappeared, when there is no evidence left to know and be aware, how can we learn from the past and use it as a guide for our lives and decisions? For example, if all the historical books and prisons and torture chambers from the time of religious dictatorship in the Middle Ages were destroyed, would people after centuries still be aware of the crimes committed by priests, churches, and kings in the name of religion?

In ancient times, due to the lack of technology, communication was much easier and social networks were not available to distort the truth (compared to this era where anyone can be a historian and obtain, record, and promote news). However, even with all the technological and communication tools available to humans, the possibility of distorting the truth still exists. Ultimately, when there are more documents and evidence presented, their longevity is also easier.

The Islamic Republic government in Iran, from the beginning of its establishment and gaining power, has carried out mass killings and in the shortest amount of time imprisoned, tortured, and executed the highest number of Iranians. However, in order to erase the people’s historical memory, it has also attempted to destroy evidence of its crimes. One prominent example of this is the Khavaran Cemetery.

Unfortunately, another blatant violation of the rights of Iranian citizens by the Islamic Republic is the increase in executions after the uprising of “Women’s Freedom”. The fear of prisoners being released and revealing the crimes committed may lead the government to consider destroying evidence and even demolishing prisons, interrogation rooms, and torture chambers. The news of the closure of some notorious prisons in the country, such as Evin Prison, may also be in line with this.

Spain and the “Law of Democratic Memory”

The Spanish Parliament has recently passed a new law called the “Democratic Memory Law” in line with its extensive efforts towards “enlightenment about the contemporary history of Spain” and “healing the wounds of the civil war and dictatorship”. According to this law, the victims of General Franco’s dictatorship will now be officially honored by the government of this country and government institutions will be required to allocate a budget for the discovery of the remains of those who were killed during this period.

Since the bodies of nearly 114,000 people were buried in mass graves and, despite the efforts of civil institutions, have not been found even after half a century since the end of the dictatorship in Spain, the recent law has essentially turned the search for the victims of that era into a “government responsibility”. Based on this, a DNA bank is to be established in Spain to examine the stem cells of the victims’ remains and discover their identities. “Nationalist and right-wing parties strongly oppose this law and have said that it will reopen old wounds. But Felix Bolanos, the minister responsible for implementing this law, says that it will make our country a better place and will definitely open a new window to the darkest period in our history.” (5)

The question here is whether the actions of the Spanish government should be taken into consideration and other countries should also bring this issue to law.

One of the benefits of this idea is that current dictators at least think twice about their actions, considering what judgment history will make of them in the future. For example, many who have reached old age during the revolution may remember the days after the Iranian Revolution in February 1979, when we witnessed the discovery of safe houses run by SAVAK and the crimes that were committed under the guise of serving the people or ensuring security in those houses. But gradually, those traces disappeared from sight, from the public eye, and from the public consciousness. Currently, under the same excuses and reasons, but with a religious and spiritual twist, similar crimes are still taking place.

Wouldn’t it have been better if a large number of those houses were preserved in all cities, either according to the law or any other means? At least those who commit similar crimes would hesitate and may not carry out their actions. Perhaps many have passed on these truths orally to their children, but the reality is that these memories may gradually fade away and disappear like ice in front of the sun. That’s why it is necessary to record such truths in history so that they can last longer and society can become a better society.

Notes:

1- Helsing, Mark, Historical Memory: What is it for?

The website of the National Council for History Education.

September 1, 2021.

2- The Mao Mao uprising, which was mainly located in the regions of Kikuyu, Embu, and Meru in the central highlands of Kenya, was formed as a diverse movement to become a cohesive organization. The support for this uprising came from those who opposed the presence of the British Empire; such as agricultural workers who denied land ownership and the unemployed in Nairobi. The population of Kikuyu, Embu, and Meru was approximately 1.4 million and initial intelligence assessments considered the majority to be suspected of being in agreement.

3- Pari, Mark, the savage discovery about the British Empire.

Guardian

August 18, 2016.

4- Parchizadeh, Reza, the commemoration of the victims of Franco’s dictatorship became a law in Spain.

Arabic

July 15, 2022.

Created By: Mahnaz Shariati
May 22, 2023

Tags

Criminal Democratic Memory Law East Execution Franco Historical memory Mahnaz Shariati Monthly Peace Line Magazine peace line Peace Line 145 prisoner Prisoners Sawak Spain Spanish Parliament Torture 2