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The Supreme Court endorses removing the name of a Franco general from a street in Madrid

2022-12-20T19:47:48.196Z


The agreement was adopted by the Madrid City Council in 2017, when Manuela Carmena was mayor The mayoress of Madrid, Manuela Carmena.EFE The Supreme Court has endorsed the agreement adopted by the Governing Board of the Madrid City Council in 2017, when Manuela Carmena was mayor, to remove the name of General Asensio Cabanillas from a street, who was Minister of the Army and head of the Military House during the regime of Francisco Franco. This was agreed by the high court in a sentence


The mayoress of Madrid, Manuela Carmena.EFE

The Supreme Court has endorsed the agreement adopted by the Governing Board of the Madrid City Council in 2017, when Manuela Carmena was mayor, to remove the name of General Asensio Cabanillas from a street, who was Minister of the Army and head of the Military House during the regime of Francisco Franco.

This was agreed by the high court in a sentence in which article 15 of the Memory Law is applied, which establishes that public administrations must remove commemorative mentions of personal or collective exaltation, military uprising, civil war and the repression of the dictatorship.

The resolution, for which Judge Pablo Lucas Murillo de la Cueva has been a rapporteur, resolves the scope and meaning of the concept of exaltation established by the Law of Memory and whether it includes mere participation in all or some of the historical events that it specifies ( military uprising, civil war and dictatorship) such as the fact of having held important public positions.

For the Supreme Court "giving a street the name of a person who participated actively and in a relevant way in the military uprising of 1936 and in the civil war and held positions of the highest importance in the political regime that emerged from it is an act of exaltation against to article 15.1 of the Memory Law”.

The Governing Board of the Madrid City Council agreed on May 4, 2017 to replace the name of the street of General Asensio Cabanillas, with that of the poet Ángela Figuera in application of said law.

The Consistory took into account a report from the Commissioner for Historical Memory dated April 24 of that year.

He described Asensio Cabanillas as an "Africanist soldier who was decisive in the uprising of the Army of Africa in July 1936, took part in the repressive activities of the troops in the advance of the insurgents through Extremadura and held various positions in the regime".

Resource of a company

The municipal agreement was annulled by a Madrid Court.

It upheld the appeal of the Astilbe SL business group, with registered office on that street, considering that it had not been proven that the general's actions were relevant to the maintenance of the dictatorial regime nor did it imply an exaltation of the military rebellion, the civil war or the the repression of the dictatorship.

The Contentious-Administrative Court number 24 of Madrid revoked the City Council's decision, considering that the condition of the military and the position held were the only arguments with which the substitution of the name of the street was agreed.

However, the City Council filed an appeal before the Superior Court of Justice of Madrid (TSJM) against the resolution of the Court, which agreed with it and restored the agreement.

Now the Supreme Court dismisses the appeal of the aforementioned business group and confirms the resolution of the TSJM.

The high court emphasizes that General Asensio Cabanillas "had an outstanding participation in the military uprising, in the civil war and in the political regime that emerged from them, in which he was nothing less than Minister of the Army and later head of the Military House , of who was in charge of it”.

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Source: elparis

All news articles on 2022-12-20

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