Monday, January 30

The Supreme Court annuls a conviction for violation of the right to honor Teresa Rodríguez

The Supreme Court annuls a conviction of Teresa Rodríguez.

The Supreme Court annuls a conviction of Teresa Rodríguez.

The Supreme Court has reversed the conviction for violation of the right to honor to Adelante Andalucía’s spokesperson, Teresa Rodríguez, for a tweet in which she said that former Minister José Utrera Molina was responsible for the “assassination” of Salvador Puig in 1974, by taking refuge in his freedom of expression.

The Civil Chamber has issued a judgment in which it considers the appeal of the Andalusian deputy against the judgment of the Madrid Court which, like a court of first instance, declared the existence of a Illegitimate interference in the right to honor of the former minister, for which she was sentenced to pay compensation of 5,000 euros to her children.

“Today 44 years ago the execution by vile stick of Salvador Puig Antich. Among those responsible for his murder, Fraga founded the PP and Utrera Molina was buried last year to the sound of facing the sun by members of the same party. They continue, nosotr @ s also, “Rodríguez published on March 2, 2018 on his Twitter account.

The Chamber considers that the expression “responsible for the murder” of Puig Antich “cannot be interpreted as the imputation to the deceased of the responsibility of the crime (…), but rather expresses the appellant’s opinion on the political responsibility of the deceased, as a senior political leader and member of the Council of Ministers who gave the “informed” to the death penalty of Puig Antich, in the execution of the condemned man to death “.

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It adds that this opinion of a parliamentarian, on events of political and historical importance, and her criticisms referring to a political figure and related to such events, “fulfills the function of contributing to the debate and formation of public opinion in a democratic society and is protected by freedom of expression “.

Facts of general interest

“For this reason, the defendant’s exercise of freedom of expression in accordance with constitutional parameters must prevail over the memory of the deceased Utrera Molina,” the Chamber states.

The court considers that the tweet referred to events of general interest occurred in recent times of the dictatorship and the person affected had been an important political leader during said regime, so he understands that the limits of criticism are broader than with respect to other people without political relevance or with respect to facts without public importance .

In addition, it points out that without prejudice to the importance of the demonstrations taking place in parliament, this greater protection also extends outside Parliament and here Twitter is a channel of expression through which political leaders habitually address public opinion.

The court affirms that “a parliamentarian qualifies as ‘murder’ the execution of a death penalty is protected by the freedom of expression, since it expresses, in very critical terms, its opinion, and that of the citizens it represents, on the death penalty, at least on the one imposed in a given case. ”

“It is of evident relevance that said death penalty would have been granted in a sentence handed down by a court martial held during a dictatorship, without the guarantees of the criminal proceedings held in a democratic regime,” they specify

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The sentence explains that It is an admitted fact that Utrera Molina had held important political positions during the dictatorship and that, when the events occurred, he was Minister Secretary General of the Movement in the Council of Ministers to whom the three sentences that condemned to death handed down in court martial were communicated celebrated on those dates.

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