The Andalusian Federation of Democratic Memory has denounced to the Prosecutor’s Office for Human Rights and Democratic Memory the act of exaltation of José Antonio Primo de Rivera and the dictator Francisco Franco carried out on the afternoon of November 20 by around thirty people, supposedly belonging to the Spanish Falange, after attending a liturgical event in the Conventual Church of the Holy Angel on Rioja Street in Seville. The memorial entity believes that the act represents two very serious infractions, which the Law punishes with fines of 10,001 to 150,000 euros.
In a video uploaded to Face the Sun, “an anthem of clear fascist significance and of painful memory for victims and relatives who experienced the repression of the Franco regime throughout its forty years,” is recalled in the complaint, to which elDiario.es Andalucía has had access.
The Democratic Memory Law says in its article 38 that “acts carried out in public that entail discredit, contempt or humiliation of the victims or their families, and involve personal or collective exaltation of the military uprising, the War or the Dictatorship, its leaders, participants in the repressive system or the organizations that supported the dictatorial regime” “will be considered contrary to democratic memory.”
According to the Andalusian Federation of Democratic Memory, which is taking the case to the Prosecutor’s Office, the information collected from people who were circulating on the street at that time and the information provided by the press and news programs “leaves no doubt that we are facing a clear case of humiliation and contempt for the victims of the coup d’état and a serious breach of the Law.”
The memorial collective goes further, pointing not only to the thirty people who acted in this way, but also to “those who run the public building where everything was organized, from where they left initiating their illegal acts and at whose door they remained,” in reference to the Carmelites of the Holy Angel and, specifically, to prior Juan Dobado. He did “nothing to prevent it or dissolve it, for which it would have been enough to have notified the national police,” the complaint states.
Two violations provided for in the law
According to the complainants, the acts that took place at the door of the Church of the Holy Angel fit the definition of two precepts of articles 62.1 of the Democratic Memory Law, which includes very serious infractions. The first, “the failure to adopt the necessary measures to prevent or put an end to the carrying out, in spaces open to the public or in public premises and establishments, of acts of personal or collective exaltation, of military uprising, of War or of the Dictatorship, its leaders, participants in the repressive system or the organizations that supported the dictatorial regime, when they entail discredit, contempt or humiliation of the victims or their families by the owner or person responsible for the space where carry out such acts.”
And also, the “calls for events, dissemination or advertising campaigns that, by any means of public communication, in written or verbal form, in their sound elements or in their images, incite the personal or collective exaltation of the military uprising, of the War or the Dictatorship, of its leaders, participants in the repressive system or of the organizations that supported the dictatorial regime, when it entails discredit, contempt or humiliation of the victims or their victims. relatives.”
In addition to the monetary fine, the law contemplates that the sanctioning resolution “may” agree to other additional measures, such as the closure of the premises or public establishments where the infractions are committed for six months to two years.
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