In its resolution yesterday, the magistrates deny at this time the precautionary measure requested by those close to the dictator, who argued that maintaining the government’s plan would generate an “irreparable damage” in the scenario that finally the Justice gave them the right and the operation to remove the remains of the dictator of the basilica located on the road that leads to San Lorenzo Fantasy Football Trade Value Chart, in Madrid, was not legal. This request is premature, say the judges of the Fourth Section of the Contentious-Administrative Chamber, in charge of resolving the resources on the decisions adopted by the administration.
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Despite rejecting the suspension, the Supreme Court establishes that the exhumation of Franco can not be carried out without granting the family the opportunity to appeal the decision, in a process with due judicial guarantees.
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To justify this scenario, the Supreme Court relies on a ruling of the European Court of Human Rights (ECHR), based in Strasbourg, which condemned Poland in September of this year for carrying out an exhumation without listening to two families they opposed. The sentence, advanced by ABC, concluded that Poland left those affected without the option to question the measure, agreed by the Prosecutor to shed light on the plane crash n the one that was traveling President Lech Kaczynksi, in 2010.
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Lacking a mechanism to assess whether the exhumation was proportional, Poland violated the right to respect for private and family life, recognized in Article 8 of the European Convention on Human Rights. In this case, the two claimants are the Polish citizens Maria Solska and Ewa Rybicka, whose husbands (an activist and a Polish parliamentarian) died in the accident of the presidential plane.
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The aircraft crashed on its fourth landing attempt at the Smolensk airport (Russia) on April 10, 2010. The Polish authorities were on their way to a ceremony marking the 70th anniversary of the Katyn forest massacre, in which the Union Soviet killed in cold blood, with a shot in the neck, 22,000 Poles, including politicians, intellectuals and military.
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The Supreme Court thus allows the Government to continue with the procedures to start the exhumation process, but makes it clear that the final decision of the Socialist Executive (adopted by reason in a Council of Ministers) may be appealed, which will lead us to new to the starting square. The High Court will have the last word on one of the “star projects” of Sanchez.
The judges explain that the process to remove the remains “can not be executed without the appellants having previously been able to endorse Fantasy Football Trade Value Chart it and seek effective judicial protection.” This situation means that the decision will depend at the last moment of the Supreme Court, which will resolve the resources and that will have in its hand even paralyze it if a precautionary measure is proposed.