A decree by the dictator was sufficient to carry out in 1961 those actions known today to our Penal Code (not retroactive): crimes of rape of graves and of desecration of the corpse, which were buried in this Catholic Basilica against the dignity, memory and freedom of conscience of our uncle, crimes which were also recognized today in the Penal Code. In the face of this offense, the interpretation and development of the Historical Memory Act of 2007 are not enough to do justice and repair the damage caused.

A year ago we started an administrative procedure with the delivery of a piece in the National Heritage, an agency under the Ministry of the Presidency. It took three months to receive the acknowledgement of receipt and, after six months of administrative silence, we brought an appeal to the Presidency Ministry. He replied that the appeal was not fair, because there had been no such silence. In this total democracy, we are still waiting, because we do not know at what administrative time we are.

We are told that the National Heritage must recognize the right of the family to give us the remains of our uncle. It is very difficult to understand, from a democratic point of view, why this requirement is imposed, those who now have the responsibility of that institution. In view of the background, is this long procedure required to recognize this right to family members? Does the Charter of Fundamental Rights of the European Union not defend the right to dignity in Article 1 and the freedom of thought, conscience and religion in Article 10? In a year's time the National Heritage does not yet recognize us.

Other factors are the order of the Benedictine and the hierarchy of the Catholic Church, who want to hinder the exhumation of our relatives, because they go against Article 16 of the Spanish Constitution, without respecting the ideological and conscience freedom, not only that of the memory of our uncle, but ours, because it forces us to go to that building, not being us or wanting to be part of the Catholic Church. Canon Code of Canon Law 748.2 states that no one is entitled to force human beings (and not their memory) to adopt the Catholic faith against their conscience. Our uncle fought for democracy and defended the legitimacy of the Republic in a battalion of socialist youth.

The Benedictine Montull said in the Chain of Being that the Republicans buried there were against the exhumation of the dictator “from a supernatural perspective.” However, the secretary of the Abbot of Solesmes, in response to our complaints about these statements, assured us, on behalf of Abad Philippe Dupont, on 8 March 2019, that he was aware of our indignation, for having displaced our relatives without our permission, and that he agreed with our desire for the dignity of every person to be respected. It is regrettable that in a state that is considered non-confessional, we suffer from the lack of redress and justice, also caused by the alleged opposition of an obstinate Priore.

Since our first visit to the Ministry of Justice in 2011, two officials and a coroner responded that their intention was to unearth the dictator and give a new meaning to the valley, as if he fulfilled our desire and respected the right to rest with his mother and sister in the pantheon of Zumarraga. Who knows the future and the new meaning of this building, as it is said and said.

The basilica is an interior construction of a rock-excavated tunnel whose porosity generates numerous leaks of water. During the visit, large stains of moisture on roofs and walls, as well as leaks, have still been observed. It is said that the architect who designed the construction had planned a system of collection and channeling of filtered water between the building and the rock, and that a solution would be provided, but later, by order of placement of the large cross of 150 m, preemptively covered the channels and drainage planned to avoid a possible sinking caused by the weight of the cross.

In 10 to 15 years the structure of the building can be very deteriorated and requires a very expensive reform, major maintenance costs, as the problem of filtering and sinks should be solved and maintained properly. I believe that the citizens of the country have more needs than the restoration and maintenance of this type of building, but the Benedictine and the Catholic Church have every right to assume them without prejudice to the general budgets of the State. That is our humble opinion.

And in conclusion, I would say that the protection and security of that building is completely out of line with the current rules or criteria. It has a single access and exit door, with a corridor of 262 meters in length and 41 meters in height, without side exit, with a small elevator behind. The safe evacuation of this building is impossible in the event of a disaster (earthquake, fire,…) and it is surprising that, being a member of an official body, specifically of the National Heritage, the minimum safety requirements that are indicated in the Royal Civil Protection Decrees are not met.

Iñigo Jaca Arrizabalaga