The Prosecutor’s Office has asked the Provincial Court of Cádiz based in Ceuta to dictate the free dismissal of the open case against a regionalist deputy of the Autonomous Assembly, Mohamed Ali (Caballas), and archive the case by which the investigating magistrate intends to take him to oral trial for an alleged hate crime against Vox on account of the anger registered in the Plenary a year and a half ago with all kinds of insults and even a threat of reaching the hands between the two parties.
The formation of Santiago Abascal, who in his initial complaint only accused Ali of threats and attacks on the authority, has taken advantage of the abbreviated procedure order with which the magistrate has ended the instruction including the type of hatred to raise up to three years and nine months his request for a jail sentence for the leader of Caballas, who in January 2019 called one of the far-right deputies a “coward” and a “fascist” who was the protagonist of the Islamophobic and xenophobic messages that the Vox leaders allegedly crossed paths with. Ceuta, the national policeman Francisco José ‘Pachi’ Ruiz.
For the Public Ministry “it is not disputed that Ali directed the members of Vox inappropriate expressions such as ‘fascists and cowards’, so the problem lies in whether such action is sufficiently important to be considered as a criminal offense as serious as it is the hate of article 510 of the Penal Code, “he assures in the letter to which elDiario.es has had access.
In his opinion, no. “The disqualification expressed in no case have created a situation of risk or abstract danger for the complainants; what’s more,” argues the Prosecutor’s Office, “” he even uses threatening words: only acting in his capacity as a member of the Assembly of the City of Ceuta answers the parliamentarian of the political party Vox, “a bench from which in turn he was being branded as” tontolaba “,” scoundrel “and” clown “, using” inappropriate terms; but they do not enjoy the seriousness and entity necessary to be considered criminal “.
The Prosecutor’s Office understands that not even the two people (Omar CS and Abdelasis MA) who, from the public, addressed the ultra-right deputies and some of their advisers in the same Plenary Session several threatening phrases (“I’m going to take a gun and I’m going to to kill all of you “;” we are going to kill you “;” I am going to catch you in the street and I am going to teach you what is good “…) they must be tried for the hate crime that, without distinction with Ali, has attributed the instructor to the case.
The two “did not act within a framework that allows freedom of expression in the broad sense, such as a political parliament, but rather they utter various expressions to the Vox deputies from the public bench during the plenary session,” but for the accusation “For this reason alone they cannot be charged with a hate crime, since they have not disseminated or created a speech that puts the political party in abstract danger for ideological reasons,” the Prosecutor’s Office reasons in the letter in which it advocates prosecuting both solely for a minor crime of threats.
In an order that surprised all the sources consulted, the head of the Examining Court number 6 of Ceuta concluded in mid-June that it was appropriate to take the three accused of a hate crime and not threats, which it attributed to them Vox, when detecting “indications that the expressions made by those investigated were due to a previous situation of animosity for the mere fact of representing the complainants to a specific political party.”
“The expressions were of such intensity that the complainants said they felt coerced and insecure,” the magistrate endorsed the statements of the ultra-rightists. “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 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, “the judge added.
“One thing is legitimate political criticism and animosity is quite another,” added the instructor, the same one who first agreed to prosecute the civil guards involved in the Tarajal tragedy for reckless murder and just a month later decided to apply the ‘Botín Doctrine ‘to dismiss 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.”
In his appeal to the Provincial Court, Mohamed Ali has highlighted that “as can be seen from the transcription of the expressions made in the Plenary, the disqualifications and insults were mutual and there was no expression on my part, other than the insults, that incited to hatred or hostility towards Vox ”, for which he has also claimed the dismissal of the case.