The leader of the far-right party Spain 2000, José Luis Roberto, was saved from a hate crime indictment thanks to an official letter from the Provincial Information Brigade of the National Police. The ultra small group called a rally against Islam in Valencia on December 18 and a woman who witnessed the scene called the police. However, the woman ended up fined for the call gag law and the head of the Court of Instruction number 17 of Valencia issued the dismissal of the case. The prosecutor specializing in hate crimes appealed the resolution and the Valencia Provincial Court has upheld the appeal and forced to investigate the ultra leader, striking a severe blow to the interpretation of the investigating judge.
The fifth section of the Valencia Provincial Court coincides with the Prosecutor’s Office in that there are indications that in the act against Islam “phrases were pronounced (…) that could incite hatred not only against a religion but also against the people who use it. profess, which would have been labeled as invaders. ”
Hate crime, the car reasons, “is regulated in our penal code.” “Therefore,” he adds, “it is not advisable to trivialize the regulation of this crime, nor does it seem prudent to bring up the principle of minimal intervention of criminal law as a basis for the file.”
Thus, in the case of Roberto and the concentration against Islam, “it seems obvious but it should be taken into account, because there are signs of crime.” “You cannot just proceed to the file,” the car adds. The Valencia Court, upon finding evidence of a crime, requests that the leader of Spain 2000 be declared as investigated “and with the result and with full freedom of judgment, give the proceedings the course that the instructor deems pertinent.”
In the opinion of the National Police, the rally against Islam organized by the far-right party Spain 2000 did not contain “symbols of a xenophobic, violent or racist character.” The office of the Information Brigade led to the filing of the case “as no solid, sufficient and consistent evidence was found or inferred” of the authorship of an alleged hate crime, as reported by the Prosecutor’s Office as a result of a complaint filed by the NGO València Acull.
The NGO has recalled in a statement that “the video of the act that Spain 2000 itself broadcast massively questions the police version.” València Acull has also criticized the fine against the woman who requested the police presence after noticing the Islamophobic act.