The Seville Prosecutor’s Office asks for a year and a half in jail for each of the nine young people identified by the National Police on March 29, 2017 in Seville who, along with many other people, tried to prevent the circulation of the bus of the ultra-Catholic group HazteOir through the capital of Seville. Each one is accused of a crime of public disorder and another of damages for the damages caused to the vehicle, expertly valued at 3,478.22 euros. The first offense is the one that would carry the penalty of imprisonment, while for the second, each is asked for a twelve-month fine with a daily fee of six euros (2,160 euros). HazteOir, it should be remembered, was then in full campaign against the recognition of transsexual minors, with messages such as: “Boys have a penis. Girls have a vulva. Don’t be fooled. If you are born a man, you are a man. If you are a woman, you will continue to be so.”.
Prosecutor’s Office and HazteOir manage to reopen the case against nine young people from Seville accused of damaging their transphobic bus
The case was initially archived but, two and a half years ago, the resources of the Prosecutor’s Office and the ultra-Catholic organization managed to get the Seville Court to reopen it for the material damage attributed to the young people, to whom the Police put in the spotlight with a detailed report where, in addition to his alleged performance on this day, he revealed his links with various groups or associations, and those he classified as “far-left anti-fascist activists.”
According to the Prosecutor’s Office, the young people were part of a group of people “with an ideology opposed to that of the HazteOir association”, congregating in the vicinity of the San Telmo Palace, headquarters of the Presidency of the Junta de Andalucía, having knowledge that by the aforementioned bus circulated there, proclaiming “certain manifestos of their ideology and convictions.”
“Driven by the ideological discrepancy” to the content of their proclamations “and to the object itself of the association itself,” the defendants “decided to boycott the campaign” and met to “launch proclamations of offensive and offensive content for the people who occupied the bus and for their organization, and they rebuked them and prevented the free movement of the same for a short period of time at the scene of the events. ” They also “threw eggs, as well as stones and other blunt objects of various kinds” on the bus “and painted the body” of it.
Nine young people testified on October 26, 2017, accused of alleged crimes of coercion and damage against the HazteOir bus, which had to leave the city of Seville because it was unable to transit due to the protests, which led to a complaint by the ultra-catholic organization. “Damage and coercion to the HazteOir bus? Yes, I have received damages and coercion for being a young transsexual,” said one of the young defendants before entering to testify.
“There is neither crime, nor is there authorship”
For Luis de los Santos, lawyer for the Derechos Al Sur cooperative, from the prosecution’s indictment, “the first thing to note is that it has completely disavowed the attempt of the Provincial Information Brigade to influence the judge, and the police itself. Prosecutor’s Office, when in their report they described the events as a hate crime, clearly aligning themselves with the extremist speeches of Hazte Oir “. However, in the lawyer’s opinion, “the Seville Prosecutor’s Office should not have charged for any crime, and in its indictment it omits two issues: there is no crime, nor is there authorship.
“The first is to ignore the context in which the events take place, that is, it does not contemplate the legitimate right to protest against acts that violate the most basic human rights. For that same reason, the events can never be classified as a crime of public disorder. nor of damages since, as affirms the own jurisprudence of the European Court of Human Rights, when penalizing these conducts, the exercise of the fundamental right to freedom of expression is discouraged from the State itself. ”
As De los Santos explains regarding the authorship, “it is curious that the Prosecutor’s Office copies the report of the Information Brigade in the framework of the investigation,” reported by elDiario.es Andalucía. In that report “he drew up a list of ‘identified’ persons to present to the judge and avoid the definitive filing of the case.” “The Information Brigade presented a list of activists whom it identifies as the aggressors of the bus, or sympathizers who were there, and in which ‘coincidentally’ are journalists, feminists, social activists, anti-fascists, Andalusians, rights activists human beings and prominent people from the most transformative LGTBI movement in Seville “.
The lawyer concludes that, “in any way we will study this letter, and the foreseeable legal barbarity that they do from the radicalism of HazteOir in their other accusation letter, to request the acquittal of the people we represent since there is no crime or authorship” .