Justice forces the Tenerife Cabildo to process the procedure for declaring the Franco monument on Anaga Avenue in the city of Santa Cruz de Tenerife a Cultural Interest Site (BIC), as requested by the Association for Research and Protection of the San Miguel Arcángel Historical Heritage, with the aim of ensuring its protection.
The Administrative Court number 3 of Santa Cruz de Tenerife ruled in favour of the aforementioned association, which took the Island Council to court for rejecting, when the PSOE and CS were in power, the initiation of the procedure to protect Juan de Ávalos’ sculpture. In the judicial ruling, obtained by EL DÍA, it is established that this monument “has artistic and cultural value that make it deserving of said declaration”.
The Franco monument on Anaga Avenue is one of over 70 Francoist symbols included in the Santa Cruz catalogue approved by the Canary Islands Government in the previous term, during the Flower Pact, which has been annulled by the current administration (CC-PP). This catalogue stipulated the immediate removal of the symbols.
Nevertheless, the Island Council argued at the time that they had decided not to submit the declaration of the sculpture as a BIC to the Government of Canarias because it “lacks exceptional artistic values”. They explained that both the study carried out by the University of La Laguna and the report from the Historical Heritage Technical Unit were “decisive” in reaching this decision.
The San Miguel Arcángel Association turned to the courts to demand the processing of the BIC declaration procedure for the Franco monument in Santa Cruz, to protect it definitively, requesting the precautionary measure to “suspend” that resolution of the Island Council, issued in March 2022.
Initially, Court number 3 rejected this request, but the association lodged an appeal that was finally upheld by the Canary Islands High Court of Justice (TSJC), suspending the decision of the Island Council and establishing the precautionary protection of the sculpture “while the substance of the matter is being discussed”, that is, its possible cultural interest.
The Island Council tried again to uphold its decision not to initiate the procedure to declare the monument a BIC and protect it from possible demolition, filing an appeal in cassation. However, in February of this year, the Supreme Court endorsed the TSJC decision. At the time, the Island Councilor for Culture and Sports, José Carlos Acha, of the PP, clarified that this appeal was filed by the previous Government, led by the socialist Pedro Martín.
Now, Administrative Court number 3 of Santa Cruz de Tenerife has ruled on the substance of the matter, “condemning” the Island Council to initiate the protection of the monument. BIC procedures are processed by the Island Councils and submitted to the Government of Canarias for approval.
Before the San Miguel Arcángel Association, the Royal Canarian Academy of Fine Arts of San Miguel Arcángel had already requested the protection of this monument in 2018. In its request, they considered it appropriate to change the name or title of the sculpture, proposing, instead, “any designation that refers to peace, harmony, or reconciliation.” At that time, the Council agreed not to make a statement until a ruling was issued on the adaptation of Juan Ávalos’ work to the Historical Memory Law, commonly known as the Franco monument.
The Mayor of Santa Cruz, José Manuel Bermúdez (CC), states that this ruling “reveals even more the absurdity of approving a catalogue of Francoist symbols exclusively for Santa Cruz by the Canarian Government of the Flower Pact and the socialist Island Council’s intention to diminish the artistic value of this monument.
