Another judge rejected in September the execution of the Valle de los Caídos sentence, agreeing with Carlota López Esteban
MADRID, 28 Oct. (EUROPA PRESS) –
The judge of First Instance and Instruction number 5 of San Lorenzo de El Escorial has admitted for processing the complaint filed by relatives of those buried in the Valley of the Fallen against the mayor of this municipality, Carlota López Esteban, for her “refusal” to reactivate the building license that would allow access to the crypts to proceed with the exhumations of the remains of their loved ones.
In a car, to which Europa Press had access, the magistrate admits for processing the complaint filed on behalf of Silvia Navarro Pablo, president of the Association of Relatives of the Republicans buried in the Valley of the Fallen, and Maria Purificación Lapeña Garrido, relative of the Lapeña brothers.
The complaint was filed before the Administrative Litigation Judge number 10 of Madrid rejected in September the request of the State Attorney to execute the order that last June lifted the precautionary measures that paralyzed the exhumations.
In this way, he agreed with the mayor of San Lorenzo de El Escorial in her refusal to renew the building license until there is a final ruling.
Aside from that resolution, the investigating judge who will decide on the complaint understands that “the facts present characteristics that suggest the possible existence of a crime of administrative prevarication whose instruction corresponds to this judicial body, according to articles 14.2 and 15 of the Law of Criminal Procedure”.
Previously, the judge agrees to issue an official letter to the City Council of San Lorenzo de El Escorial so that said administrative file is sent within ten days.
The plaintiffs consider that Carlota López Esteban would have incurred in an alleged crime of prevarication by contravening various judicial resolutions and thereby “violating the reparation of the victims and the constitutional principle of the dignity of the person.”
The lawsuit was filed on behalf of a relative of the Lapeña brothers, shot in 1963 by the national side in Calatayud and buried in the Valley of the Fallen, and the president of the Association of Relatives of the Republicans buried in the Valley of the Fallen Silvia Navarro.
The criminal action is directed against Carlota López Esteban after she did not renew the permit to start the work to access the remains despite the fact that last June the Superior Court of Justice of Madrid (TSJM) agreed to lift the precautionary measure that paralyzed the aforementioned planning license. This decision is pending appeal before the Supreme Court.
In a legal report, the City Council argued that until there is a final ruling, it would not accept the request to renew the permit, an extreme criticized by the relatives of those buried in the Valley for their lack of solidarity with the victims.
The mayor stated in a statement that the processing of any license is a regulated procedure subject to the relevant technical and legal reports and, therefore, “completely outside the discretion of any elected official.”
In the complaint, to which Europa Press had access, it is stated that all the elements of the alleged commission of a crime of prevarication “concur”. The relatives argue that “the defendant has dictated in plenary session her refusal to reactivate the municipal license, and in turn, is aware of the TSJ’s ruling by which the suspension on said license that she herself granted, 12 months before, is lifted.”
In the facts, the lawyer for the families, lawyer Eduardo Ranz Alonso, mentions the order, dated March 30, 2016, ordered by the Court of First Instance number 2 of San Lorenzo de El Escorial, which recognized the right to a dignified burial. of the brothers Lapeña Manuel and Antonio-Ramiro, a historic sentence that six years later has not been carried out.
It also states that the TSJM itself has ruled on said license, denying the interested precautionary measure of suspension of the execution of the agreement of June 24, 2021 of the Local Government Board of the San Lorenzo del Escorial City Council.
“What has changed from June 24, 2021, the date on which the license was granted, to June 20, 2022, the date on which the suspension is lifted by the TSJ? The corporation is the same, the mayor , authority and today sued for prevarication, by refusing to reactivate the exhumation license of the victims of the Valley, is the same, what explanation can exist to vary, in just one year, a municipal decision, based on mandatory reports? “, collects the complaint.
The lawyer maintains that we are facing “a flagrant and clamorous illegality, so rude and evident that it reveals by itself the injustice, abuse and extra illegality, which families who seek to see materialized what justice has recognized for them are suffering.” “.
It underlines that “the victims are seeing the principle of equality of article 14 of the CE violated, in accordance with the right to due process without “any discrimination based on birth, race, sex, religion, opinion or any other condition or personal or social circumstance.
In the same way, it affirms that article 10.2 of the CE is being violated, in accordance with “the norms related to the fundamental rights and freedoms that the Constitution recognizes, will be interpreted in accordance with the Universal Declaration of Human Rights and the treaties and agreements conventions on the same matters ratified by Spain”.
