HIBAPRESS
The Spanish Supreme Court has accepted a challenge filed by the Muslim community in Algeciras against the city council, following the refusal to allocate space within the public cemetery for the burial of Muslims according to Islamic rituals, in a case expected to have repercussions that go beyond the local framework.
The case dates back to a request submitted by the "Islamic Community of Mercy" to allocate a part of the "Butafuegos" cemetery for the burial of Muslim deceased, without establishing a separate cemetery, based on the agreements regulating the relationship between the Spanish state and the Spanish Islamic Committee. However, the municipality rejected the request, claiming that the entity submitting the file did not have legal status, considering that this type of request falls within the jurisdiction of the Spanish Islamic Committee at the national level. In the first stages of litigation, the administrative court in Algeciras supported the community's request, considering that the refusal decision affects freedom of belief, before the High Court of Andalusia later overturned the ruling, claiming that the dispute is related to a procedural issue concerning legal status. After resorting to the Spanish Supreme Court, the latter considered that the file poses a broader legal problem related to the possibility of depriving religious groups of claiming rights related to freedom of belief due to formal considerations. The court is expected to rule on the extent to which the contested decision is compatible with the Spanish constitution, especially with regard to freedom of belief, equality, and the right to litigation. The importance of the case also highlights the absence of Islamic burial spaces within the municipal cemetery in Algeciras, which drives a number of families to transfer the bodies of their loved ones to their countries of origin or to other cities within Spain, including Ceuta. Data also indicate that the costs of transporting the bodies can reach thousands of euros due to administrative and health procedures and international transport requirements. The expected ruling is expected to form an important judicial reference for similar files concerning Muslim communities in other Spanish cities.
