Posted: Saturday May 1, 2021 10:33 AM
The provincial prosecutor’s office of Madrid appealed to the investigating court number 53 of Madrid against the order that accepted the provisional rejection and the case file in which the message transferred to a Vox poster would have been the provincial court that decides its criminal nature. In the letter, presented this Friday, it is specified that the images, symbols and comparative elements that appear on the poster underlie the idea of generating rejection and of giving a “negative” social response to the doubly vulnerable group like the minors. unaccompanied foreigners.
Thus, the public prosecutor specifies that one thing is the “broad” freedom of expression authorized within the framework of the political discourse “and another is the realization of non-specific acts which provoke a negative reaction, unfair because discriminatory and causing the rejection of a concrete collective “. He understands that the “irresponsible” use of images, symbols and comparative elements that are transmitted on the poster aims to “generate rejection and therefore social exclusion of an entire group”.
The appeal argues that the message broadcast is intended to “deepen the idea of the cost to society of maintaining a MENA region”. What is happening is that in order to achieve this objective, he confronts him with the image of a retiree “thus questioning his ethical and legal character”.
In addition, for this, he transfers a “totally prejudiced” image of an unaccompanied foreign minor as a criminal, “since the image of a dark-skinned youth, masked and hooded, is the image of a socially incorporated criminal. ”
He also rejects the fact that this image among the unequal responds to chance or simple chance since, in his opinion, it testifies “to the search for a negative social response with regard to this group whose Centers are intended to close. , under the pretext of the generalized criminal character of these minors, who claim to make impossible the normalized coexistence in the areas where they are, thus achieving their individual and collective dehumanization. “
The prosecutor’s office insists that the characterization of a non-national minor as it emerges from the advertising poster, “generalizing the criminal nature of the MENA region”, constitutes a “negative, intolerant and prejudiced” stigma against towards the whole group which generates hostility and social rejection. of these minors. It even adds that it constitutes an attack on the dignity of the entire group and that it therefore shows that the limit of the advertiser’s freedom of expression has been exceeded.
On the other hand, the appeal refers to the fact that the complaint was limited to the message derived from the Vox advertising poster at the metro interchange at Sol station. Therefore, he explains that “it is by no means unknown that we are in an electoral context campaign by the autonomous elections of the Community of Madrid”.
In fact, he points out that “there is not the slightest mention in our complaint of the slogan or the electoral program on the immigration policy of a party which is legitimately participating in the elections.”
In addition to the request for an estimate of the appeal so that the order is revoked, the prosecution asks the judge to conduct specific investigative procedures on the facts denounced.