The Prosecutor’s Office has appealed to the Supreme Court the acquittal of Tamara Carrasco, the CDR that was arrested in 2018 accused of terrorism, on understanding that the WhatsApp audio that he sent to a group of friends encouraging them to occupy the port or Mercabarna was a “point starting in the process towards real violence “and contributed to” creating a violent and intimidating social environment “.
In its brief, the Prosecutor’s Office asks the Supreme Court to revoke Carrasco’s acquittal, handed down by a Barcelona criminal court and later confirmed by the Barcelona Court, and sentence her to a sentence of seven months in jail for a crime of incitement to public disorder. It is a criminal type introduced by the PP in its 2015 reform and for which there is no jurisprudence.
The activist was detained by the Civil Guard accused of terrorism and remained confined in Viladecans (Barcelona) for more than a year by order of the National Court, but was finally tried for a crime of inciting public disorder for sending an audio on pro-independence mobilizations planned for Easter 2018, including the occupation of the port and the airport, which were never completed.
The judge acquitted the CDR, defended by lawyer Benet Salellas, by concluding that sending messages or slogans to a group of friends in a chat does not constitute a public dissemination or distribution of its content. On the other hand, the Prosecutor maintains that, regardless of the number of chat members to which the accused sent her messages, WhatsApp is “a potential large-scale distribution channel.”
The prosecutor charges against the magistrate who acquitted Carrasco because, in his opinion, he does not know the “social reality” in Catalonia during the years 2017, 2018 and 2019, and remembers that the usual thing to call mass acts is to resort to instant messaging by WhatsApp . “Summoning an undetermined number of people to occupy the port or airport necessarily means assuming that the group will be very large and that it is certain that there will be violence, because they are facilities protected by the State security forces and bodies that will necessarily react “, Add.
The message sent by the accused, concludes the prosecutor, generated a “great danger, because it was the starting point in the process towards real violence”, as shown, in his opinion, “the events that occurred later” in Catalonia, without further specification.
For his part, Salellas has criticized the Prosecutor’s Office for demanding “a very expansive reinterpretation” of the crime of incitement to public disorder, and has warned that if the Supreme Court condemns Carrasco any message in a WhatsApp group could be considered public broadcasting. According to the defense, the prosecutor’s position implies “that he has to be punished regardless of what happens next or whether or not there are incidents caused by that message.”