Supreme Court files lawsuit against Ortega Smith for calling the Thirteen Roses rapists

Updated: Thursday, November 26, 2020 2:33 PM

Published on: 11/26/2020 2:21 PM

The second chamber of the Supreme Court lodged the complaint of the association Trece Rosas Asturias and relatives of one of the “ Trece Rosas ” against the secretary general of Vox and his deputy, Javier Ortega Smith, for crimes of incitement to hatred and slander and serious insults with advertising.

The High Court understands that the politician’s statements last year in “Los Desayunos de TVE”, in which he said that 13 young Republicans known as Thirteen Roses, were shot in 1939, “which they have fact was torture, rape and heinous murder ”. .

The prosecution supported the existence of a possible crime of incitement to hatred, but the Supreme Court explains that the judicial function is “to assess, taking into account the competing circumstances, and the expression of the ideas expressed, whether the conduct pursued constitutes the legitimate lawful exercise of the fundamental right to freedom of expression and, therefore, it is justified by the predominant value of freedom or, on the contrary, the expression is an attack on rights and dignity of the people to whom it refers, a situation which it will have to be examined in each particular case. “

In its order, the Supreme Court recalls the doctrine of the Constitutional Court on the proportionality of the penal limitation of the exercise of the right to freedom of expression and adds that these statements “may constitute a prejudicial feeling” but it must be rejected that it can be extended to “people who participate in the same ideology today.”

As for the charges of crimes of libel and slander, the Chamber considers that the plaintiffs lack “active legitimacy”, since these crimes can only be prosecuted during the victim’s lifetime and that once deceased “only his relatives and heirs remain. civil protection action “.

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