The High Court of Justice of Madrid (TSJM) has confirmed the acquittal of the sculptor Enrique Tenreiro, who painted on the tombstone of the dictator Francisco Franco when he was still in Valley of the Fallen. Accused of violating freedom of conscience and religious feelings, the Provincial Court of Madrid already acquitted him of the crimes, but the Association for the Defense of the Valley recurred. This Thursday the TSJM has dismissed the appeal.
The events took place on October 31, 2018 when the artist drew a dove and wrote “For freedom” on the dictator’s tomb. The action was recorded and broadcast on social networks by the photographer, Peter Armestrewho affirmed that Tenreiro acted “for the reconciliation of the Spaniards”.
The Court of Madrid underlined in the sentence that Tenreiro had not entered any church, but rather the one where Franco’s tomb was located, so that “it is clear that it went against his presence in the place and not against the religious sentiments of the assistants there”. The TSJM considers that the sentence contained a “free, rational and motivated assessment” and that the sculptor’s action “was not motivated by a malicious purpose of preventing the celebration of the mass, which had not even begun and that, in any case, was delayed a few moments”, according to Eph.
The Association requested in its appeal two years and five months in prison for the artist, but Tenreiro stated that I had no intention of interrupting the mass and that, in fact, he rushed to paint the tombstone when he saw that it was about to begin. The Superior Court of Justice of Madrid adds that there was no violent, intimidating or tumultuous irruption of the cult, necessary to assess the crime.