The Angolan government has announced that the remains of former President Jose Eduardo dos Santos, who died in Barcelona, Spain, will arrive in Luanda this afternoon.
“The Angolan administration announces that the remains of the former President of the Republic, José Eduardo dos Santos, who died on July 8 in Barcelona, Kingdom of Spain, will arrive in Luanda this Saturday afternoon,” a government statement said. He is from Angola.
He added, “The date and program of the funeral will be announced in due course”.
It is recalled that the body of the former president of Angola, who died in Barcelona, was the subject of a family dispute in Spanish justice.
The judge, who decided to hand over the former president’s remains 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 dated July 9, 2022 stated that the type of death was natural, the cause of death was respiratory infection, chronic ischemic heart disease and pulmonary fibrosis aggravated,” reads the judge’s ruling dated Tuesday and Lusa.
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.
“There are children who want to give the remains to the mother and wife who are not legally separated, and there are other children who want to give birth to a daughter from the first marriage, because it cannot be the common term of the son’s will. The children are separated,” Francisco Collado says in the consultation.
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 “custom of a social nature” presented as an argument in the end of January 2000, which confirms the existence of a legal gap in this area, but attributes it to the one who “treated”. He died while he was 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 the Spanish court’s decision, her lawyer told Luza.
“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 are going to appeal because we understand that the criminal jurisdiction is not competent to decide on this matter, 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 factions of the dos Santos family have been disputing in the Family Court of the Civil Court of Catalonia over who will have custody of the body of José Eduardo dos Santos.
On the one hand, there 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 their three children have in common with José Eduardo dos Santos, who want the body buried in Angola.
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