Madrid Court Lifts Cuelgamuros Valley Excavation Ban After Error

The Superior Court of Justice of Madrid has annulled precautionary measures it previously imposed on excavation work at the Cuelgamuros Valley, formerly the Francoist mausoleum. The court's initial decision on June 15th, requested by an anti-memorial association, had suspended exploratory excavations on the valley's esplanade.

At the time, the court cited the site's alleged status as a "Site of Cultural Interest" (Bien de Interés Cultural - BIC) as a primary reason for the suspension. However, in a subsequent ruling dated the previous Monday, the court acknowledged that the State Attorney had presented "documentary evidence" proving the complex does not hold this protected designation. Consequently, the TSJM decided to lift the precautionary measures.

The suspended work involved preliminary excavations on the entrance esplanade to assess the ground conditions for a geotechnical study, a standard procedure before any construction. The court's new ruling stated that maintaining the precautionary measure "could generate harm to the general interests." It referenced the Democratic Memory Law of October 19, 2022, which mandates a "resignification" process for the Cuelgamuros Valley, implying that delaying these works would hinder the implementation of modifications to its current configuration.

This reversal comes after the excavation machinery was found vandalized with graffiti reading "Viva Franco" and "Pedro Sánchez HDP." The court's initial decision had mirrored arguments from the Association for Historical Truth and Reconciliation, an anti-memorial group advocating for the preservation of Francoist vestiges. Ironically, this same association has publicly petitioned for Cuelgamuros Valley to be declared a BIC, a status it has not officially obtained.