Case 18

Carolina Martínez and Clemente Bernad

Two filmmakers at risk of going to prison because of recording images in the crypt of a Francoist monument.

The prosecutor requests two years in prison and a fine of 12,000 euros to the artists Carolina Martínez and Clemente Bernad for an alleged crime of disclosure of secrets of the Spanish Civil Code.

Description

Carolina Martínez and Clemente Bernad are awaiting the resolution of a trial held on November 14 and 15, 2018. The Brotherhood of Volunteer Knights of the Cross (Hermandad de los Caballeros Voluntarios de la Cruz) denounced them for recording images of a mass in the crypt of the Monument to the Fallen (Monumento a los Caídos) of Pamplona, from one of the ventilation grills that communicates this crypt with the rest of the building, property of the City council. The prosecutor requests two years in prison and a fine of € 12,000 for a crime of disclosure of secrets. The recording was part of the documentary “A tvs mvertos”, which was broadcast in January 2017 during a conference entitled “What do we do with the Monument to the Fallen?”.

Image from: el diarionorte.es

Before

The Brotherhood of Volunteer Knights of the Cross was created in 1939 by requetés ex-combatants (Carlist militia during the Spanish Civil War) in order “to maintain fully and aggressively if necessary the spirit that led Navarra to the Crusade for God and Spain”. It modified its statutes in 2006 to adapt itself to the Spanish Law of Historical Memory that was approved in 2007 and which regulated (banned) the display of Francoist symbology or the digging out of Spanish civil war’s mass graves.

The Brotherhood celebrates a mass in the crypt of the Monument to the Fallen on the 19th of each month, coinciding with the day of the month in which the Francoist coup took place in Navarre, and in the same place from where the coup General officers Emilio Mola and José Sanjurjo were exhumed.

In February 2015, the Parliament of Navarre and the City Council of Pamplona urged the Archdiocese to put an end to any type of celebration in the crypt that were related to the coup of 1936. However, the Brotherhood continues to do the Masses in the crypt.

The filmmakers accused of revealing secrets obtained from the City Council permission to make recordings in the building in order to make a documentary.

The outcome

The prosecutor maintains the accusation of revelation of secrets and requests two years of jail and a fine of € 12,000 for recording a mass of an association of Francoist origin from a ventilation grill in a public building. Currently the accused are awaiting sentencing.

In view of these events, various civil groups have demonstrated in favor of the accused, such as the Spanish Association for the Recovery of Historical Memory.

The Parliament of Navarre approved on November 12th, 2018, a resolution expressing its solidarity with the accused, its opposition to the judicial persecution of those carrying out investigations linked to historical memory, and its rejection of the politicization of justice.

Violated laws

Journalism, freedom of expression and the right to information is a fundamental right, which appears in Article 20 of the 1978 Spanish Constitution.

The celebration of Masses in the crypt and the Monument to the Fallen, according to Association for the Recovery of Historical Memory, may be breaking:

-Articles 510 and 515.4 of the Criminal Code, on the public promotion of hatred against a group.

-Historical Memory Law 52/2007. Prohibits commemorative mentions of exaltation, personal or collective, of the military uprising and the repression of the Dictatorship as well as the withdrawal of subsidies or public aid.

– Navarre Law of Symbols, 24/2003. The symbology of the Franco era has not been withdrawn, although it has been hidden with wood and posters.

References

-Description of facts (in Spanish):

https://memoriahistorica.org.es/tag/zer/

-The Parliament of Navarre sympathizes with Clemente Bernad and Carolina Martínez (in Spanish):

https://www.diariodenavarra.es/noticias/navarra/2018/11/12/el-parlamento-navarra-solidariza-con-dos-personas-que-seran-juzgadas-por-grabar-cripta-los-caidos-620717-300.html

-Interview to Clemente Bernad and Carolina Martínez in at EITB TV program (in Spanish):

https://www.eitb.eus/es/television/programas/esta-pasando/videos/detalle/6003294/videoclemente-bernad-carolina-martinezsobre-misas-cripta-los-caidos/

-Interview on the program La Frontera on Publico TV (in Spanish):

https://www.youtube.com/watch?v=8gNvFVp5sr4

-Documental “A tvs mvertos”, done by Clemente Bernad and Carolina Martínez (In Spanish):

https://player.vimeo.com/video/289446380

-Manifest “Freedom is not a crime” in support of Clemente Bernad and Carolina Martínez (in Spanish):

https://lalibertadnoesundelito.net/

-The ARMH denounces to the prosecutor Francoist Masses in Navarra (in Spanish):

http://memoriahistorica.org.es/s1-news/c1-ultimasnoticias/denuncian-ante-la-fiscalia-misas-franquistas-en-navarra/

-Review of the meeting in which the documentary was screened (in Spanish):

https://www.noticiasdenavarra.com/2017/01/29/vecinos/lo-que-importa-a-la-ciudad-no-son-los-caidos-sino-el-proyecto-de-memoria-historica

-Response of the Brotherhood to the Commission of the Presidency, Justice and Interior of the Parliament of Navarre (in Spanish):

http://www.tradicionviva.es/2015/02/16/la-hermandad-canonica-de-caballeros-voluntarios-de-la-cruz-emite-un-duro-comunicado/

-The Parliament of Navarre denounces the judicial persecution (in Spanish):

https://www.nuevatribuna.es/articulo/espana/parlamento-navarra-denuncia-persecucion-judicial-autores-documental-franquismo/20181113165251157418.html

Documents

-Institutional declaration of the Parliament of Navarre (in Spanish):

http://www.parlamentodenavarra.es/es/noticias/sesi%C3%B3n-12-noviembre-2018

-Act of the Plenary Session of the City Council of Pamplona, ​​February 15, 2015 (in Spanish):

http://www.pamplona.es/actasweb/actas/WWW_15/PLE_15/PLE_02.feb/a05FEB15.002/PLE15002.htm

-Daily Session of the Parliament of Navarra, February 4, 2015 (in Spanish):

https://www.parlamentodenavarra.es/es/publicaciones/diarios-sesiones

-Text of complaint presented by the ARMH to the Attorney General of Navarre (in Spanish):

https://www.nuevatribuna.es/media/nuevatribuna/files/2018/10/21/Denuncia-Misa-Caidos.pdf

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