The ultimate Court of Spain has upheld prison sentences for 7 convicted persons due to hateful entries on migrants posted on social media.
The case concerns comments published in 2017 on Facebook regarding underage unaccompanied aliens who arrived in Melilla, the autonomous city of Spain on the North African coast.
The defendants who conducted popular profiles on social media, with thousands of followers, called the arrival minors ‘MENAS’ (menores extranjeros no acompañados) as ‘escoria’ (scums), ‘basophie’ (smocks) or ‘gentuza’ (smocks).
Some of the defendants of “hate speech” were to call for civilian patrols to be created to “clean” the streets. They besides demanded sending minors to "their damn country to starve there."
Initially, the lower court in Melilla acquitted the defendants, but the state Court of Malaga overturned the first acquittal. Eventually, 7 people were sentenced to prison sentences ranging from 8 months to 1 year and 10 months, abbreviated from the first punishment of 2 years and six months due to unjustified hold in lengthy proceedings. In addition, they were fined and banned from working with minors.
On February 26, the ultimate Court Criminal Chamber upheld the previously issued sentences.
Citizens commenting on the case believe that judicial power has been abused. They accuse judges of putting protection of illegal immigrants higher than civilian rights. The legitimate concerns about the safety of borders and public safety in Melilla, a Spanish enclave bordering Morocco, to which immigrants from another countries are drawn, are being criminalised.
The judges stated that the statements of the net users incited to hatred and even if not, they at least indirectly called for force against a susceptible group whose welfare is superior to constitutional freedom of speech. "Freedom of expression is not an absolute right," stressed the judgment, adding that "it cannot service as an excuse for comments objectively degrading, humiliating or provocative conflict with constitutional rights."
The action was based on a complaint lodged in 2017 by kid rights organisations, including PRODEIN Melilla.
The Spanish Association of Christian Lawyers has now filed a complaint with the courts in Valladolid against Co-ordinadora Juvenil Socialists (a socialist youth group linked to the Spanish Socialist Workers organization of Prime Minister Pedro Sánchez, PSOE) for alleged incitement to hatred against Christians and life defenders. Young people are putting up posters and encouraging demonstrations in front of a pro-life support centre, where there is simply a burning rosary and a cross with the slogan “Si el enemigo avanza, avancemos nasotas” (“If the enemy is coming, let’s approach”).
The association of lawyers indicated that specified actions by socialists towards believers, which are referred to as "enemies", possibly infringes Article 510 of the Criminal Code on hatred crimes.
Currently, alleged liberal democracy countries are raiding houses and initiating proceedings against citizens posting critical posts on government policy online, thus being prosecuted by a apparatus of power under the pretext of "spreading hatred". This is due, among another things, to the global censorship conflict launched respective years ago and promoted by EU diplomats who are tracking down dis-, mis- and malinformation, demanding severe punishment for posts posted in the media. This is 1 of the elements of “defence” of democracy and building its “resistance”. The main tool utilized for this intent in Europe is the EU Digital Services Act (DSA) Regulation and its related codes of conduct against disinformation and “talk of hatred”.
Sources: brusselssingal.eu, PCh24.pl
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