May 14, 2021

Franco’s grandchildren take Strasbourg a lawsuit for the exhumation of the dictator



Francisco Franco’s grandchildren have filed a lawsuit against the Spanish State in the European Court of Human Rights (ECHR) for the Government’s decision to exhume the dictator of the Valley of the Fallen and bury him in the cemetery of Mingorrubio de El Pardo in Madrid.

The lawsuit has been filed by the Martínez-Bordiu Franco family and is signed by lawyer Luis Felipe Utrera-Molina, of JY Hernández Canut Abogados, reports this office.

Franco’s family understands that the agreements of the Council of Ministers of February and March 2019 that approved the exhumation of the Basilica of the Fallen Valley in the Madrid town of San Lorenzo de El Escorial and the burial in the cemetery of El Pardo and the resolutions of the Supreme and Constitutional courts that confirmed them violate the European Convention on Human Rights.

Specifically, it alleges that the right to private and family life, the prohibition of discrimination and the right to an equitable process have been violated.

The plaintiffs believe that the exhumation of Franco’s mortal remains was carried out based on a law that does not meet the requirements of generality and clarity required by said European agreement.

They consider that under the appearance of a general and impartial legislation the royal decree of reform of the Law of Historical Memory had no other purpose than to proceed exclusively to the exhumation of Franco’s mortal remains.

They argue that it is a singular law that alters and diminishes the guarantees of the right to dispose of the mortal remains of deceased relatives.

Therefore, they maintain that the requirement of generality of the law required by the ECHR is not met and does not respond to any of the reasons set out in the European agreement that may justify a limitation of the right to private and family life.

Remember that they are national security, public security, economic welfare of the country, defense of order and prevention of criminal offenses, protection of health or morals and protection of the rights and freedoms of others.

According to the complaint, the agreements of the Spanish Executive have violated the royal decree itself by “ignoring the designation by relatives of the place of reinhumation of Franco’s mortal remains and by arbitrarily establishing a place of state ownership against the express will of the family” .

He adds that family members are forced to request authorization from the Government each time they want to visit their grandparents’ grave.

For the family “the Council of Ministers has in fact expropriated the body of Francisco Franco” by violating the right of people to decide on the fate of the mortal remains of their relatives.

On the other hand, the relatives allege discrimination because “of all those buried in the Valley of the Fallen who had not died as a result of the civil war, the number of which amounts to 192, only the exhumation of Francisco Franco has taken place without the light of the public declarations of the members of the Government the law is going to have another application “.

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