The judge who decided to hand over the remains of Angola’s former president to his widow argued in a dispute over the corpse that Ana Paula dos Santos loved her children and ruled death by natural causes.
“The report of July 9, 2022, the type of natural death, the cause of death, aggravated by respiratory infection, chronic ischemic heart disease and pulmonary fibrosis”, the judge’s verdict dated Tuesday and sent to Lusa today.
In that ruling, Judge Francisco Collado explains that it was only now possible to discuss who should hand over the remains of the former Angolan president because it has now been proven, “This report confirms the preliminary results of the autopsy report dated July 9, which is conclusive”.
After more than a month of delay in making a decision, the judge explains why it is right for the ex-wife of Jose Eduardo dos Santos, who wants to have a funeral in Luanda, and not for Tichis dos Santos, who has chosen. Barcelona contends with the desire he expressed in life to bury his father’s body.
“It cannot be a common word of the will of the son, since there are some children who want to give the remains to the mother and wife who are not legally separated, and others who want to give birth to the daughter of the first marriage. The children are separated,” Francisco Collado advises.
Referring to the jurisprudence of the Court of Pontevedra’s decision in 1998, the Spanish judge recalls that in the 1998 case, priority was given to the spouse to the detriment of the parents, therefore, “it seems logical if the above. The rules impose the obligation to perform the funeral rites of the deceased, to those who are obliged to provide for him in life. , and section 143.1 establishes the wife as the first obligated party, in preference to the grantor’s ascendants and descendants. It must be understood by analogy that the wife is also entitled to the deceased’s remains.”
In addition, he adds, there is a “habit of social nature” presented as an argument at the end of January 2000, which confirms the existence of a legal gap in this area, but attributes it to “those who have treated”. “He is dead while alive. , in this case, the widow Ana Paula dos Santos.
On the question of whether the remains should remain in Barcelona or go to Angola, Judge Francisco Collado writes that “the restrictions of food and social practice reserve the decision of the remains to the widow” and are consistent with the widow’s wishes. The will of the Angolan authorities supported the former president’s medical expenses.
“Several requests have been made to understand that the transfer of the widow is final in this matter [o corpo] It does not correspond to the reality of the Angolan facts, on the basis of which his will is criticized, however, two undisputed factual elements lead to the opposite: the living expenses of the dead were paid by the Angolan government, [José Eduardo dos Santos] “He received visits from Angolan leaders while in Barcelona, so the decision of the widow to transfer the remains to the deceased’s country of origin is not inappropriate and should therefore be respected,” concludes the Spanish magistrate.
Tchizé dos Santos, the daughter of the former Angolan president, will appeal a Spanish court’s decision to keep the body of his ex-wife Ana Paula dos Santos, her lawyer told Luza this morning.
“Tchizé dos Santos has appealed the decision of the investigative judge number 11 of Barcelona to hand over the body of former Angolan president José Eduardo dos Santos to his ex-wife,” explained lawyer Carmen Varela. To be done within the jurisdiction of the court.
“We understand that the criminal jurisdiction is not competent to decide on this matter and we are going to appeal, it should be the civil jurisdiction,” argued the judge, adding, “There is currently a process going on. The civil court on this question.”
José Eduardo dos Santos, who ruled Angola from 1979 to 2017, died on July 8, aged 79, in Barcelona, Spain, where he had spent most of his time for the past five years.
The two parties in the dos Santos family dispute at the Family Court of the Civil Court of Catalonia will have custody of the body of José Eduardo dos Santos.
On one side are Tchizé dos Santos and her older brothers, who oppose the release of the remains of the former first lady and a state funeral before the August 24 election to avoid political exploitation.
On the other hand, the widow Ana Paula dos Santos and her three children in common with José Eduardo dos Santos also claim the body and want it to be buried in Angola in the future.
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