The Ongoing Judicial Battle Over the Sijena Paintings
The judicial battle between Catalonia and Aragon over the wall paintings from Sijena, currently displayed at the National Museu d’Art de Catalunya (MNAC), has reached a pivotal moment. Judge Rocío Pilar Vargas of the Court of First Instance and Instruction No. 2 in Huesca has issued a final execution order mandating the museum to return the paintings. This order, previously confirmed by the Supreme Court, sets a seven-month timeline for the return, which the Government of Aragon had requested.
However, the judge has also granted the MNAC a ten-day window to propose an “alternative schedule” for the return of the artworks. Given that August is typically not a business month, this proposal could be postponed until September. During this time, the museum can also present expert reports that discuss the fragility of the works and the potential risks associated with their return.
The Historical Significance of Sijena’s Murals
The history of the murals from Sijena dates back to October 1, 1936, when architect Josep Gudiol I Ricart arrived in Villanueva de Sijena, located in the Monegros desert. Gudiol was familiar with the local community as he had previously documented the vibrant Romanesque frescoes from the 13th century found in the Chapter Room of the Monastery of Santa María de Sijena. Tragically, his visit coincided with a period of violence when anarchist militiamen set fire to several rooms in the monastery, causing irreparable damage to the artworks.
As a part of the Heritage Rescue Service from the Generalitat, Gudiol was tasked with salvaging whatever he could from the paintings. Alongside two trusted technicians, Antoni Robert and Antoni Llopart, he employed the Strappo technique to detach up to 120 square meters of frescoes from the convent. These paintings were initially sent to the Amatller house for preservation, before eventually being transferred to the MNAC, where they have been displayed since 1961.
Legal Proceedings and Concerns Over Artwork Preservation
In March this year, following a prolonged legal battle, the Supreme Court ruled that Catalonia must return the murals to Sijena. The court dismissed appeals from the MNAC and the Generalitat, affirming the previous rulings from the Court of First Instance of Huesca in 2016 and the Provincial Court in 2020 that mandated the works’ return to Aragon. According to the ruling, the Catalan museum had “never possessed them as an owner,” since the murals were not formally transferred to the museum but rather deposited there.
In light of this final ruling, the MNAC has invoked the “impossibility of transferring the mural paintings” without jeopardizing their integrity. “Our top priority has always been the preservation of this cultural asset,” stated Pepe Serra, director of the MNAC, during a press conference. He emphasized the extreme fragility of the murals, highlighting that they are approximately 1,000 years old and cover 132 square meters on a curved surface.
Political Implications and Future Scenarios
Following the ruling, Salvador Illa, the president of the Generalitat, expressed his intention to respect the judicial decision, despite facing pressure in the Parliament from various political factions to explore all avenues to retain the Sijena paintings. This decision to delegate the responsibility of executing the transfer to the MNAC’s Board of Trustees led to tactful political maneuvering, with Aragon’s president, Jorge Azcón, stating he felt “deceived” by Illa.
Azcón criticized the situation, remarking on the political shortsightedness that seems to pervade the issue. “We are unable to predict the different scenarios that may unfold. Given recent governmental shifts, it is difficult to trust that the artworks will indeed be returned,” he cautioned. He expressed concern that political motivations, rather than the cultural significance of the works, would dictate decisions regarding their fate.
A History of Contention and Hope for Resolution
The conflict over the Sijena treasures peaked in 2017 when the focus turned to the return of 97 items belonging to the monastery that the Generalitat had in the MNAC and the Lleida Museum. An agreement to transfer the pieces from Barcelona was achieved without issues; however, tensions flared when the Civil Guard had to intervene to facilitate the removal of works from the Museum of Lleida.
President Javier Lambán of Aragon spoke to this newspaper, stating that the issue arose when the Lleida Museum refused to cooperate. “We had reached an understanding with Barcelona, but the Catalonia government’s obstruction left us no choice but to involve the Civil Guard,” he explained, emphasizing the legality of the action amidst the political unrest following the 1-O referendum and the subsequent application of Article 155 of the Constitution.