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After the departure of José Antonio Primo de Rivera on April 24 from the Cuelgamuros Valley, from different associations, such as the State Federation of Forums for Democratic Memory, the exhumations of Lieutenant General Jaime Milans del Bosch and General José Moscardó, the two great names of Francoism whose remains would still remain to be moved, are now requested. The will of the Government seems aimed at carrying out these exhumations, but several jurists consulted by EL MUNDO and the Moscardó family itself doubt that their cases fall within the provisions of the norm. "We consider that our grandfather is not included in the assumptions of the Law of Democratic Memory," José Luis and Miguel Moscardó and José Luis Esquivias Moscardó, three of the general's 15 grandchildren, told this newspaper.

It should be remembered that Milans del Bosch, Moscardó and 201 other people are buried in the Alcázar of Toledo, just as Franco ordered those who remained in the Alcázar during the siege of 1936 to do. All are in the basement of the building, in a crypt protected "by a door with bars that remains closed and covered by curtains," explain Moscardó's grandchildren. The place can only be accessed by the relatives of those buried there, "upon request for permission and only on Mondays", which is when the Alcázar is closed to the public.

Article 38.3 of the Law of Democratic Memory, on which their exhumations would be based, states: "The mortal remains of leaders of the military coup of 1936 may not be or remain buried in a preeminent place of public access, other than a cemetery, which may favor the realization of public acts of exaltation, glorification or commemoration of human rights violations committed during the war or the dictatorship."

"Milans del Bosch cannot be applied 38.3 in any case because the article begins by saying 'the mortal remains of leaders of the military coup of 1936' and evidently Milans del Bosch was not a leader of the coup. He was a cadet of 18 or 20 years, who was in Madrid, went to Toledo and was inside with the defenders of the Alcázar, but he was not a leader, "says Julio Banacloche, professor of Procedural Law at the Complutense. "And Moscardó?, Can it be understood that he was a leader? Historians will have to say it, but I don't think so. He was in Toledo and was the director of the gymnastics school. He was in charge of the defense of the Alcázar because he was the officer with the most command, he was also a colonel, not even a general. It is debatable that he was the leader of the military coup of 36, he simply aligned himself on one side. And, although it can be understood that it was, the crypt of the Alcázar is not a preeminent place of public access. From what I understand, you need authorization to enter, "analyzes Banacloche. The jurist considers that "article 38.3 is designed for a single case, that of Queipo de Llano", who was buried next to his wife in the basilica of the Macarena, in Seville. On November 3, both were exhumed and transferred.

Along the same lines as Banacloche, Antonio Jiménez-Blanco, professor of Administrative Law at the Polytechnic University of Madrid, analyzes Article 38.3: "The first expression, 'leaders of the military coup of 1936', can be interpreted in a broad sense or in a strict sense. Strictly speaking, the real leader is Emilio Mola, who was called 'the director'. In a broad sense, it may be that Moscardó and Milans del Bosch are leaders of the military coup and that they are in a preeminent place, but not publicly accessible. Of the three requirements, two are dubious and one is not met."

In 1936 Milans was an 18- or 20-year-old cadet, not a leader.

Julio Banacloche, Professor of Procedural Law at the Complutense University

"In the case of Milans del Bosch it is very clear because he was not a leader of Franco's uprising. Something different is that later he aligned himself with that adventure and was a beneficiary of it, since he became a lieutenant general, "says Antonio Torres del Moral, professor of Constitutional Law at the UNED. "Moscardó's case is more complicated, but for me he wasn't a leader either. A leader is the one who sets the guidelines, strategies and military tactics and he was simply a defender of the Alcázar," he adds.

"It's a pretty restrictive interpretation of the law. Both are there because they participated in the uprising of July 1936 and stayed there during the siege, "says Arturo Peinado, president of the State Federation of Forums for Memory. "In addition, the Alcazar is a public place because it belongs to the Ministry of Defense. The fact that they are there is already an act of exaltation."

The government has been repeatedly asked about its intentions regarding Milans del Bosch and Moscardó in recent months. On November 4, Margarita Robles, Minister of Defense – the Alcázar of Toledo depends on her portfolio – only responded that "a commission" had been created to see "what are those matters of the law applicable to the Ministry of Defense", adding that it was not only about exhumations, but also decorations and other matters.

Much more specific was the Secretary of State for Democratic Memory, Fernando Martínez, who, four days later, on November 8, declared: "In relation to Moscardó and Milans del Bosch, article 38.3 of the Democratic Memory Law is applicable, so the Ministry of Defense is already working on this line."

Pronouncements of the Government

The last time the Government was questioned by Milans del Bosch and Moscardó was on April 25: "It is a rule in force that we will comply with in the future with absolute tranquility and normality," was what Isabel Rodríguez, the Government spokeswoman, said. This newspaper has now returned to ask the Ministry of Defense about it, from where they only answer that they have no information on the subject.

After the creation of the committee announced by Margarita Robles to study the cases in which the law affected Defense, Moscardó's 15 grandchildren sent a letter to his ministry. "The participants are considered interested and legitimized to know how many decisions may be adopted by the Ministry of Defense, or where appropriate, by the Government of Spain, regarding a possible exhumation and / or transfer of the mortal remains of their ascendants," said the communication that to date has not had a response.

The Moscardó use the plural – "ascendants" – because not only their grandfather is buried in the crypt. The tomb, which occupies the center of the room, also contains the remains of his wife and four sons: Luis and Pepe -shot during the war-, Miguel and Carmelo.

Milans del Bosch, protagonist of 23F, has been buried in one of the niches of the walls since his death in July 1997. This newspaper has tried to contact one of his sons, Iván Milans del Bosch, who declines to comment on the possible exhumation of his father.

"The Moscardó family wants General Moscardó to remain buried in the Alcázar and that the military feat that his defense entailed, recognized as a historical fact, be respected. In the military academies the resistance of the Alcázar is studied as a feat," say his grandchildren.

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