A month of the general election, and with the exhumation of Franco as one of its great strengths election, the Executive is encountering more obstacles than expected for the exhumation of Francisco Franco. If just a week ago the vice-president of the Government, Carmen Calvo, the referred to it as imminent after the favorable ruling of the Supreme Court, yesterday the prior of the Abbey of the Valley of the Fallen, Santiago Cantera, sent a letter to Calvo in which he informs him that the Abbey shall not authorize the entry into the Basilica known as cuelgamuros.
In his letter, undertaken by ABC, the prior ensures that the decision of the High Court –which dismissed the appeal of the grandchildren of the dictator– does not resolve the allegations that the Abbey has raised and that until this happens the Government is not able to consummate his plan.
“The sentence that I attached –says the prior in reference to the letter which Calvo referred to the past October 3– refers to a procedure in which this Abbey has not been a party to and, therefore, does not resolve material allegations raised in our appeal and, very especially, the violation of the religious freedom of this community, by pretending to act on a res sacra (burial) without the required authorization ecclesiastical”.
Place of worship
Quarry remember that the real estate of the Valley of the Fallen belong to the Foundation of the Holy Cross and a part of them (among which is the own Basilica) were transferred in management to this Abbey, and the Temple, in particular, consecrated and subsequently elevated to a Minor Basilica by his Holiness pope John XXIII, so that its configuration as a place of worship and the character of res sacra of the tombs found in the interior is indisputable.”
The prior argues, furthermore, that it is not the Supreme who has the last word on infringement of fundamental rights is concerned, but that the ultimate authority in matters of constitutional rights are the Constitutional Court and the Court of Human Rights in Strasbourg. In this sense, remember that the system resources are not exhausted in the Supreme Court.
“If autorizáramos now the exhumation –aims– not only to leave without a legitimate purpose the remedies of amparo, which, without doubt, occur, but that careceríamos of justification to oppose it –as we will oppose– to the exhumation of the twenty benedictine monks who lie in the cemetery of the Abbey”. The prior complains that the “virulence” with which the Executive has carried out his plan, which “could (and can) be resolved with dialogue, understanding and prudence on the part of all concerned”.
Practically in parallel to transcending the letter of the prior, the Fourth Section of Litigation of the Supreme Court, which dismissed the appeal of the family, Franco, notified a writ of clarification of the sentence on a particular aspect requested by the family Frank: And what was the blunt, narrow the debate: “The judgment is clear” and “the clarification requested by the appellants is not necessary”.
The family wanted to know if, in case of not having “authorization ecclesiastical” of the Benedictine Community, that is to say the prior, the latter could be replaced by a judicial authority, and, in its case, to which body it should be.
“As you no doubt know the appellant (the family), to any other judicial body other than this Room corresponds to know of the proceedings of the Council of Ministers or of the execution of this sentence,” the Room. Notice also to the judge of the Contentious of Madrid that has an open proceeding regarding the license of the work the Supreme court does not consider it necessary to proceed to the work of exhumation.
In the writ yesterday, the judges recognize that the agreement of the Council of Ministers of march indicated that it would ask for “the authorization of ecclesiastical” to exhume the dictator, something that he was forced to do because previously the prior had denied. The negative of the prior “was not absolute”, say the judges, but “conditioned on what that would solve,” the living Room. “Therefore, the statement (…) has by dearth of such refusal”, indicates the Supreme.
The Government attempted yesterday to downplay the importance of the negative of the prior and they remembered that, in the light of the failure of the Supreme, the Vatican moved its full commitment to the implementation of the sentence.
Translated from ABC News https://www.abc.es/espana/abci-prior-valle-caidos-avisa-no-autorizara-acceso-basilica-201910100258_noticia.html