A family from Gran Canaria say they have been vindicated in taking action against Telde council for allowing their family grave to be used to bury a total stranger.
In one of the most bizarre cases to reach the local courts, the Santana family brought legislation against the corporation, owner of the municipal graveyard, for failing to respect their rights when it allowed a total stranger to be interred in the grave, which houses the remains of family members dating back over half a century.
The incident occurred in November 2022 and came to light when a family member visiting the grave to place flowers noticed that the commemorative headstone had been removed. Further enquiries led to the discovery that the niche had been opened to bury another person without the family’s permission or knowledge.
The council admitted to the mistake, which it attributed to an error on the part of a funeral company, but the family were angered both by the treatment received by officials who dealt with the issue and its subsequent rejection of a claim for token compensation for the distress caused.
The dispute was taken to a court in Las Palmas, where a judge has upheld the family’s appeal against the decision by Telde and awarded them 2500 euros and legal costs in recognition of the harm caused by the council’s actions and unsympathetic handling of the case.
Commenting on the outcome, a family spokesman said that “the case was never about money” and the court action aimed solely to give visibility to the problem created by the council, including its own response to them when the incorrect burial was detected. “We want to make sure this kind of thing never happen again” he added.
