SANTA CRUZ DE TENERIFE, May 19. (EUROPE PRESS) –
The Contentious-Administrative Chamber of the Superior Court of Justice of the Canary Islands (TSJC) has provisionally suspended the catalog of Francoist vestiges of the Government of the Canary Islands because it only includes those of Santa Cruz de Tenerife.
The order, to which Europa Press has had access and responds to a demand from the consistory, admits that the approval of a regional catalog that only affects one of the 88 municipalities of the Canary Islands is a “serious breach” which, in his opinion, means , an “arbitrary” measure because it is not “credible” not if it explains why it begins with the remains of the capital of Tenerife.
It also generates “helplessness” for the City Council because it does not allow it to have comparative criteria with other municipalities and censure that the “prior and mandatory approval” by the Governing Council has been omitted, after debate in the Parliament of the Canary Islands, of the Strategy for Memory History that sets the criteria for the preparation of a regional catalogue.
Likewise, the Chamber sees the lack of audience in the elaboration of the catalog as “difficult to explain”, that it had not been published in its entirety in the BOC and that “it has only been designed exclusively” for Santa Cruz de Tenerife when it is a document of autonomous range.
On the basis of the catalog, the order points out that “any relationship with the Franco regime is not enough” but rather having an “active and relevant participation in the uprising” and occupying “most important positions”, a fact that does not occur in some examples such as José Calvo Sotelo, “who neither died in the civil war, nor was he a soldier, nor volunteered for anything” or the bust and gazebo of the Architect Marrero; the street dedicated to the painter José Aguiar, and his declaration of adoptive son in 1970, based on purely artistic reasons, or the bust of Joaquín Amigó de Lara, raised due to his status as founder of the College of Surveyors, “all of them people recognized for their professional or artistic training and not because of his active participation in the uprising or holding positions of the highest importance with the
In fact, the Chamber points out, at least they have “the right to disagree that this is so and that honorable people can be stained with the dishonor of appearing as repressors of victims of Francoism.”
The order has the particular vote of a magistrate, who is in favor of the precautionary suspension, but differs from the historical analysis and understands that it should only be limited to verifying the defects of a procedural or adjective nature and in particular the lack of effective intervention of the City Council in the elaboration of the catalog as well as the municipal character instead of regional.
This is the second resolution of the TSJC in a few weeks after another order in which the Executive was required to publish the entire catalog in the BOC and not only on the website of the Ministry of Education.