The justice system has started to crackdown on ultra groups that are trying to disrupt the exhumation work of victims of Franco’s regime, which has been ongoing in the Valle de Cuelgamuros since June. The National Court has rejected various appeals from anti-memorialist groups that were trying to stop these efforts through legal loopholes. The court has even ordered the Association for the Defense of the Valley of the Fallen to pay costs for their excessive actions, and the Prosecutor’s Office has requested a fine for a woman who, supported by Christian Lawyers, acted with “bad faith”. The exhumations began on June 12 and have already led to the identification and return of the remains of 12 victims from Aldeaseca and Fuente El Saúz, as reported by the Ministry of Democratic Memory in Parliament.
In response to the government’s plans to proceed with the exhumations, right-wing and far-right groups launched initiatives to stop them, along with attacks. The government, despite the early election, made it clear that they would not halt the efforts to return the remains to the families of over 160 victims. The ultra group, the Association for the Defense of the Valley of the Fallen, threatened legal action against the government’s plans to start the exhumations. They utilized the administrative litigation route and filed appeals with the National Court, despite opposition from the Prosecutor’s Office. The Court rejected their claims and fined them for their actions, stating that they had exceeded their legal rights by appealing a mere informative communication lacking any decision-making content.
The Prosecutor’s Office has gone beyond just imposing fines on ultra groups. They have requested a fine for a woman who successfully halted the exhumations for seven days in December on the grounds that they affected her grandmother’s “grave”. However, it was later found that her grandmother was not even buried in the location where the exhumations were taking place, and that she had overlooked the fact that the government had taken necessary legal steps beforehand. Despite these findings, the woman persisted in her actions, prompting the Prosecutor’s Office to accuse her of acting in bad faith and abusing her legal rights, urging for a fine to be imposed. This has resulted in a counter-attack from Christian Lawyers, accusing the prosecutor of ideological bias and seeking a fine against him.
The government has responded strongly to attempts to obstruct the exhumations, particularly by far-right groups like Vox. Minister of Territorial Policy and Democratic Memory, Ángel Víctor Torres, stated in Congress that the government’s determination to proceed with the exhumations in the Valle de Cuelgamuros would only increase in the face of obstacles. The President, Pedro Sánchez, visited the forensic laboratory in Valle de Cuelgamuros, emphasizing the importance of memory in democracy and reaffirming the government’s commitment to justice, reparation, and dignity for all victims of the war and dictatorship in Spain. There is a clear message that the government will not be swayed by legal challenges and will continue to pursue the exhumations in accordance with the law.
