There is no longer any judicial barrier that can paralyze the exhumations of the remains of the victims of the Civil War and the Franco dictatorship buried in the Valle de los Caídos. The Supreme Court has rejected the appeals presented by the Association for Reconciliation and Historical Truth and the Francisco Franco Foundation, thus confirming the annulment of the precautionary measures that paralyzed the works.
The two procedures were presented in 2022 before the Superior Court of Justice of Madrid. And they focused on appealing the urban planning license granted by the City Council of San Lorenzo de El Escorial to National Heritage for the rehabilitation of accesses to the crypts of the Basilica of Santa Cruz del Valle de los Caídos with the argument , among others, that "irreparable damage to the artistic elements of the basilica" could occur.
But the High Court has finally decided not to admit the appeals for "lack of sufficient foundation and for not having properly justified the presumption incorporated in the precept to make it valid in the seat of cassation".
And for this reason, as the Ser chain advanced, the magistrates have also decided to order the appellant to pay costs of 1,500 euros, in favor of the appealed and personal party - the State Attorney's Office -, and 500 euros in favor of the other toured and personified – San Lorenzo de El Escorial Town Hall–.
Although the possibility is not ruled out that he chooses to wait for the court of administrative dispute no. 10 of Madrid - which processes this process - resolve the merits of the matter and pronounce on whether the granting of the license for the exhumation works does not comply with the rules of the San Lorenzo d'El Escorial City Council.
According to the census of the Ministry of Justice, in the Valle de los there are the remains of 33,833 people – almost half unidentified – from the two Civil War, which were brought there between 1959 and 1983 from graves and cemeteries of the whole state
