The head of the Court of Instruction number 6 of Ceuta issued an indictment this Monday in which it proposes to try Mohamed Ali, leader of Caballas, for a hate crime for calling the leaders of Vox “fascist cowards” during a verbal dispute in the regional Chamber in January 2020.
Vox agitates xenophobia in Ceuta bypassing the bans of the courts
During that plenary session, set on fire by the disclosure days before the Islamophobic and xenophobic messages that the far-rightists crossed on WhatsApp, the two parties faced all kinds of insults and challenges. The local leadership of the Abascals denounced the localist for alleged crimes of threats and attacks on authority, but the judge has rejected them and, in an “unheard of” legal twist according to all the sources consulted, has proposed taking Ali to oral trial out of hatred for Vox.
A year and a half ago, the far-right formation had just begun to develop beyond its internal WhatsApp groups the theory that now exploits daily according to which a part of the Ceutí population, that of Islamic confession, 50% of the residents of the city, they are actually “fifth columnists” from Morocco.
That January 29, when he was preparing to defend a proposal on the need for Madrid to agree with the neighboring country a Good Neighbor Treaty respecting the Spanishness of Ceuta, the debate was inflamed again by the recently known content of the private conversations of Vox leaders against Muslims.
While from the bench in front they branded him a “clown” and a “scoundrel”, Ali snapped at one of the Vox deputies, the national policeman on leave of absence Francisco ‘Pachi’ Ruiz: “Go out on the street and tell the people you love kill them, that you want to kick them out … Cowardly and fascist, what you have to do to yourself is something else … “. In the midst of an unprecedented row that has been repeated several times since then, the parliamentary session was suspended and when the two parties resumed they apologized and all the spokesmen signed an institutional declaration in favor of coexistence.
Despite this, Vox filed a complaint against Ali for alleged crimes of threats and attacks on the authority that he also directed against two people who, from the public, allegedly rebuked his deputies and some of his advisers with phrases such as “I’m going to catch a gun and I’m going to kill you all “; “we are going to kill you”; “Let them all kill you, you are a son of a bitch”; “I’m going to catch you in the street and I’m going to show you what is good”; “Son of a bitch, I shit on your dead, I’m going to come after you, I’m going to catch you in the street and I’m going to blow you up with a snort”; and “I’m going to show you what is good.”
Equating the three, the magistrate has rejected the accusation of the complaining party and has been inclined to attribute a hate crime to them. “From the investigation carried out, the perpetration of the criminal type of threats is not justified because the expressions made, also uttered in a context of political confrontation, especially reprehensible in the serious crisis that we are going through due to the pandemic, were the result of the heat of the moment and not it is clear that they actually contained serious and firm threats to perpetrate evil against the members of Vox Ceuta, nor a deliberate intention to bring them to the field of events, “the magistrate maintains.
The car does not mention at any time that the “heat” was fueled by the public broadcast of several conversations between Ruiz and the president of Vox in Ceuta, Juan Sergio Redondo, and other leaders such as the current senator Yolanda Merelo in which they charged against the “Moors”, Islam, the “Palestinianization” of the city and the “shit of Four Cultures” promoted by the PP, messages that keep the first two as being investigated also for an alleged hate crime instructed by the local Court number 5 waiting for the police analysis of their mobile phones.
In what happened in the Plenary, there are, in the eyes of the judge, “indications that the expressions made by the investigated were due to a previous situation of animosity due to the mere fact of representing the complainants to a specific political party, in this case Vox “. From his point of view, “the expressions were of such intensity that the complainants said they felt coerced and insecure.”
“Foster hostility against Vox”
The order concludes that “although it is not proven that the intention was to directly attack the legal rights of the complainants, they did have the purpose, also given the public nature of the Plenary, to promote hostility against Vox Ceuta (a political party also with a high number of of votes in this autonomous city, for which they represent an important part of Ceuta society) and for the mere fact of being members of it “.
“One thing is legitimate political criticism and animosity is quite another,” the instructor joins, the same one who at the end of 2019 first wanted to prosecute the 16 civil guards involved in the 2014 tragedy in Tarajal for reckless homicide and a few days Later, he decided to apply the ‘Botín Doctrine’ on his own initiative to archive the case.
For the magistrate, what happened in the Ceutí Parliament is “practically identical” to the case seen in the Provincial Court of Valladolid in January, when she appreciated a hate crime against Vox in a person who, in the street, addressed supporters of that party with expressions like “fucking fascists, what are you doing here, you are fucking fags, sons of bitches, you defend the fucking shit from corruption.”
The magistrate María de la Luz Lozano has given a common period of ten days to the Prosecutor’s Office and the complaining parties to request the opening of the oral trial by formulating an accusation document or request the dismissal of the case. Ali’s defense announced Monday that he will appeal.