The monument to Franco in Santa Cruz de Tenerife, which glorifies the Franco regime, is closer to being designated as Cultural Interest (BIC), a status that would afford it protection irrespective of the catalogue of remnants. This week, the Official Gazette of the Canary Islands (BOC) published the opening of public information regarding the file needed to pursue this declaration, and as of March 14, the public has fifteen working days to raise objections and submit any pertinent documents and justifications.
The Cabildo de Tenerife (Canarian-PP coalition) has asserted that it is acting upon a court order to initiate this process. This judicial ruling, which was issued in June of the previous year, mandated the processing of a file to declare the sculpture as a Cultural Interest asset (BIC). Judge María Isabel Pardo Vivero Alsina sided with the Association for the Research and Artistic Heritage San Miguel Arcángel, which had requested the council to commence that file.
The island authority, once headed by the socialist Pedro Martín, clarified that declaring BIC status was unwarranted as its heritage specialists and academic experts from the University of La Laguna had determined that there were no artistic merits that necessitated the monument’s preservation.
A protracted legal struggle
The association that has contested in the courts is the same one that appealed the catalogue of Francoist remnants in Tenerife’s capital, compiled by the Canary Islands government in the last legislature. It is also the group that erected advertising fences throughout Santa Cruz de Tenerife in defence of the sculpture dedicated to the dictator. In this legal fight, it has found support from other organisations striving to dismantle the catalogue of additional remnants such as the Claim Association of Historical Memory Roots and Santa Cruz de Tenerife itself.
In January 2023, the Superior Tribunal of Justice of the Canary Islands (TSJC) provided precautionary protection for the monument to Franco in Tenerife. The Second Section of the TSJC Administrative Chamber, located in Tenerife, approved an appeal from the Association for the Research and Protection of the San Miguel Archangel Heritage against the Cabildo de Tenerife’s decision not to recognise the sculpture as a cultural asset of interest.
In the ruling, which was delivered by Judge Juan Ignacio Moreno-Luque, it was stated that “the current discussion does not revolve around the monument’s incompatibility with the 20/2022 Democratic Memory Law, which would create an undeniable ‘appearance of good right’ in favour of the administration. The matter at hand is quite distinct and involves determining the possible cultural significance that the sculpture by Juan de Ávalos might possess.”
The annulment of the remnants catalogue
This was not the only ruling affecting the monument, as there have been additional decisions against the remnants catalogue that categorised the Francoist elements associated with the sculpture by Juan de Ávalos. In May 2023, the TSJC mandated that the full catalogue be published.
Following the appearance of vestiges from the Canary Islands in the BOC, the Government of the Canary Islands rectified this mistake shortly afterwards.
In response to the appeal lodged by the City of Santa Cruz de Tenerife against the catalog, the TSJC argued that the document solely included vestiges from Santa Cruz de Tenerife. They denoted it as a “serious oversight” regarding the approval process of an autonomous catalog under initial consideration. This concern was deemed “arbitrary,” and AFEA pointed out that the Government of the Canary Islands failed to justify why it commenced with Santa Cruz de Tenerife. The Chamber further stressed that this ruling creates a sense of “defencelessness” for the City Council, as it inhibits their ability to have comparative criteria with other municipalities.
A notable aspect of this ruling is its commentary on the content of the catalog. Consequently, the judicial resolution featured a particular dissenting opinion from Magistrate Evaristo González, who disagreed with some claims particularly regarding “historical” references to figures such as Calvo Sotelo. For two of the judges, simply removing a street name does not suffice; it necessitates “active and relevant participation” of the referenced individual in the uprising or holding of “significant importance” positions.
The Catalog of Vestiges of the Canary Islands (the Santa Cruz de Tenerife version was published while those for the other Canary Capitals remained unfinished) was ultimately suspended by the current CC-PP government. The Fernando Clavijo administration stated in June last year that they expect the catalog of Francoist vestiges for the Autonomous Community to be completed by March 2025, citing “legal security reasons” as the basis for complying with Santa Cruz de Tenerife City Council’s request to annul the catalog.
The Symbols of the Monument
The Catalog of Vestiges of the Canary Islands concluded that the “removal of the sculptural group” is essential, which consists of a base that serves as an allegory for the island of Tenerife, “acting as an anchor for the upper pieces and symbolising the contribution of the island of Tenerife to the military uprising”. It also includes “the figure of the archangel,” symbolising the flight undertaken by Franco on the aircraft known as Dragon Rapide, alongside the “material representation of the religious war receiving divine support through the angelic figure.”
Experts have highlighted that it constitutes a breach of the law, with the allegorical depiction of General Franco shown as a youthful athletic man adorned in a tunic resembling the national flag, holding a sword identified as a cross. Additionally, the complex incorporates allegorical shields representing the nine judicial districts of the province of Santa Cruz de Tenerife from 1960, signifying the assertion that the military uprising and civil war were just and lawful causes.
Furthermore, to fund the sculpture, the method applied was the “public subscription,” conducted through the oversight of both military and civil authorities, who possessed knowledge of citizens’ details. The REFL VESTOS CATALOG highlighted the extortion, pressures, and considerable control exerted during this process.
