He High Court of Justice of Navarre (TSJN) confirmed that the regional government has no competition declare two police headquarters located in Pamplona as places of “historical memory”: he Civil Guard Barracks and the old man Pamplona National Police Stationwhen it was located in the current headquarters of the Government Delegation.
The Contentious-Administrative Chamber of the TSJN understands that the regional administration lack of competition for the declaration requested on the basis of Provincial Law 29/2018, on places of historical memory of Navarre, and Law 33/2003, on the heritage of public administrations, when they are two properties belonging to the General Administration of the State.
In this regard, in accordance with the provisions of State Law 20/2022, on democratic memory, the Court indicates that The competent body for such a declaration is the State Secretariat for Democratic Memory.
In the judgment, which can only be appealed in cassation before its own judicial body, the Chamber dismisses the appeal filed by an individual against a regional decree from the advisor for relations with citizens.
Among other arguments, according to the appellant, the two police buildings are “reputed to have been places of detention, where they took place interrogations with torture “widespread attacks against people persecuted because of their anti-Franco ideology.” This practice, adds the appellant, “was systematic and widespread during the arrests of opposition, political or trade union members.”
The Government of Navarre opposed considering that the claimed assets are within the state regulations of the Democratic Memory. For all this, he understood that the competence does not belong to the provincial Community, but to the general administration of the state, criterion shared by the Litigation-Administrative Chamber.
The magistrates do not share the argument. of the applicant that the provincial law allows the declaration of a “place of memory” of State property by the autonomous communities or local entities.
Therefore, without prejudging the origin of their declaration as places of memory in accordance with State regulations, the Court emphasizes that the competence belongs to the corresponding ministry.
