The Superior Court of Justice of the Canary Islands (TSJC) has confirmed a date for the impending decision on the fate of the disputed Franco monument located on Anaga Avenue in the capital of Tenerife. On October 23, the Court will deliver its verdict after reviewing the appeals lodged regarding the preservation of the sculpture as an artistic piece, as communicated by the Mayor of Santa Cruz, José Manuel Bermúdez, to DIARIO DE AVISOS.
A year earlier, the TSJC had granted provisional protection to the Franco monument by admitting an appeal filed by the association for the Investigation and Protection of the San Miguel Arcángel Heritage against the ruling of the Cabildo of Tenerife rejecting its classification as a Cultural Interest Asset (BIC). This artwork, created by Juan de Ávalos, a decision later upheld by the Supreme Court (TS) in February, has kept the sculpture untouched despite inclusion in the catalog of Francoist remnants, approved by the former Canary Islands Government and recently rescinded by the current government, which called for its removal from public spaces to comply with state and Canarian laws on Historical Memory.
Addressing this matter, the mayor emphasised that “according to the law, the removal of any Francoist remnants must be stipulated in a regional catalog, meaning that without such a list being published by the Canary Islands Government, I, as the city’s mayor, am unable to take action even if I wished to, as this is what the TSJC has established in its ruling. Therefore, until the Court issues its judgement, the monument will remain untouched.” He also affirmed that this protection will extend to the lions of the Serrador bridge, which are included in the protection catalog of the Santa Cruz City Council.
Bermúdez also noted that “the Historical Memory Law allows for the preservation and re-signification of any remnants if they are protected, hence the TSJC will determine in October if such elements exist. We will await the Court’s decision to determine our course of action, because if it were as easy as the Socialist Party claims to remove this monument, then I challenge the Minister of Democratic Memory, Ángel Víctor Torres, to execute it and issue a resolution in accordance with the law,” argued the mayor.
Political Controversy
He further pointed out that “Patricia Hernández, during her 14-month tenure as the city’s mayor, did not take any steps on this matter either. If it were that simple, she could have sent in a crane and removed the monument, but she never pursued such an initiative while in office. Therefore, I find it puzzling when they attempt to address intricate issues with simplistic solutions. As the mayor, I will abide by the law, as it is written.”
The dictator’s monument continues to be at the center of political and judicial debates, intensifying in recent weeks following the annulment of the Francoist symbols catalog by the regional government. After facing four complaints filed with the TSJC, including one by the City Council and others by various associations, critiquing its focus solely on the municipality of Chicharrero, the catalog continues to receive diverging opinions regarding Historical Memory, despite the announcement by the regional president, Fernando Clavijo, of compiling a new list of “unique” remains for the Canary Islands.
In response, Bermúdez reiterated that “the previous socialist administration, under Ángel Víctor Torres, erred in their actions by endorsing a catalog that is now under intense scrutiny by the courts, with directives that upon reading, severely rebuff the shortcuts sought by that government.”
Additionally, he highlighted that “we objected to this list primarily because it singularly targeted Santa Cruz, breaching the law, and also because this catalog should have been collectively agreed upon with the Cabildo, City Council, and other historical research associations. It was not properly executed.”
In this context, the councilor expressed his commitment to “complying with the Historical Memory Law and, indeed, in certain instances which were evident, we have already done so, such as honouring José Carlos Schwartz, the final Republican mayor proclaimed a Favorite Son, who was killed in 1936; eliminating the Francoist insignia from the Miguel Pintor school; or renaming certain streets, like changing Comandante Sánchez Pinto to Miguel Cabrera Camacho, considering it unnecessary for locations to be named after individuals who either endorsed death sentences or whose accomplishments, from my perspective, do not warrant such recognition.”
Bermúdez raised concerns about “various elements included in the catalog that appear illogical to me. Hence, he questioned why the lions from the Serrador Bridge should be removed, identical to those in Congress, while they are part of an infrastructure encompassed in the City Council’s protective list. “I will not have them removed even if the catalog dictates so, as it is making an erroneous mandate.”
The Mayor of Santa Cruz emphasised that “components cannot be eradicated from a culturally protected entity, and thus, I believe there are several aspects requiring reassessment and discussion, since the catalog also mandates, among other things, the renaming of the Arquitecto Marrero Regalado roundabout, which was designated to honour the individual behind the creation of the Nuestra Señora de África market, the Island Council, or the Basilica of Candelaria.”
“The lack of a clear parliamentary strategy concerning the funding of the law by PSOE”
In a straightforward manner, Santa Cruz de Tenerife’s Mayor, José Manuel Bermúdez, discusses the ongoing controversy surrounding the Historical Memory legislation, both at the national and Canary Islands level. He questions why the previous PSOE-led government of the Canary Islands did not present a plan to the regional Parliament to determine the financial backing, as required by the law, for these initiatives. If they failed to do so, it was purely due to a lack of will.
The councillor emphasises that “the entire issue has been prolonged because numerous missteps were made, and procedures were not followed as they ought to have been at the time. This is what led Justice to intervene and temporarily suspend certain actions related to the cataloguing of Francoist remnants.”
This list, which was also rescinded by the Canary Islands government, has prompted political groups such as Podemos to declare that they will submit objections during the annulment process.
Podemos is urging the government to adhere to the provisions of Law 5/2018, passed on December 14th, focusing on the Historical Memory of the Canary Islands and the acknowledgment and moral compensation for victims of the Civil War and Franco’s dictatorship in the Canary Islands. Specifically, they are highlighting the obligations outlined in articles 12, 16, and 17 of the legislation, concerning the catalog itself and the integration of specific topics into educational programmes, among other aspects.
Manuel González, the organisation’s Secretary of Organization, condemns the continued existence of a monument honouring a genocidal dictator who inflicted terror in the country for four decades. He is urging both the Santa Cruz City Council and the Canary Islands government to promptly enforce the Memory law.
