The Constitutional Court (TC) has inadmissible the appeal for protection presented by the defenses of the case known as ‘The Six of Switzerland’, alleging that it did not comply with the requirement of “special constitutional significance”, as confirmed by those sentenced to death. elDiario.es Asturias.
The Supreme Court (TS) had ratified, last June, the sentence of three and a half years in prison for coercion exercised in a union protest action against the ‘La Switzerland’ hospitality establishment in Gijón in 2016, when they were defending to a worker who reported the owner in a case of alleged harassment.
The CNT union has indicated in a statement that “the decision was expected, we will continue fighting for the freedom of our colleagues,” while analyzing the steps to file an appeal to the European Court of Human Rights.
The union organization will request that the prison sentence be suspended, alleging social roots and the low amount of the sentences. CNT reiterates that it will continue to explore all possible avenues “to achieve the acquittal of our colleagues and defend the right to social protest.”
We received the news of the inadmissibility the day before yesterday and we still do not understand why it has no special constitutional relevance, although we were already afraid of what has happened. We trust everything to the possible suspension of the sentence and we will continue with the crowdfounding campaign and we appreciate the support we are receiving
Hector
— Convicted in the ‘Swiss Six’ case
Héctor, one of the convicted people, has assured that the inadmissibility of the appeal for protection will not discourage them from continuing their fight to avoid going to prison.
“We are going to appeal to the Strasbourg Court because we are on time. We received the news of the inadmissibility the day before yesterday and we still do not understand why it does not have special constitutional relevance, although we were already afraid of what has happened,” he maintains.
Despite this new judicial setback, Héctor admits that his spirits remain high: “We trust everything to the possible suspension of the sentence and we will continue with the crowdfounding campaign and we appreciate the support we are receiving.”
The Supreme Court’s allegations
Last June, the Supreme Court ratified the sentence of three and a half years in prison for a continued crime of serious coercion and another crime against the Administration of Justice. The magistrates ratified the conviction of the Provincial Court of Asturias where it is maintained that the convicted persons committed acts of harassment and pressure towards the owner of the ‘La Switzerland’ pastry shop and against his family, which were the trigger for him to close the business located in Gijon.
Following a complaint from a worker at the establishment, the CNT union and several of its members began a campaign to denounce the situation at the establishment, which the courts have described as excessive and which is not protected by freedom of association, with rallies in front of the establishment. establishment with banners, the delivery of pamphlets against the businessman, as well as the dissemination of a video in which they denounced him for workplace and sexual harassment, a case that has been filed.
The reactions
A veterinarian, an artist, a worker in the social field, a worker in the transport sector, a hospitality employee and a teacher were those convicted, who explained to elDiario.es that they faced “with coherence and dignity” the judicial setback that they describe as a “very dangerous precedent” of union persecution for supporting a worker.
The Criminal Chamber of the Supreme Court considered, on the other hand, that “the intentions to pressure the businessman to achieve the purposes envisioned by the appellants” were clear, as well as that “the methodology carried out and proven does not constitute an exercise of freedom of expression within the exercise of freedom of association.” “There is an excess in the actions deployed repeatedly due to the concerted actions of the appellants,” stated the Supreme Court ruling.
The prison sentence has provoked a concerted union action of protest in Asturias and other parts of the country, since it is considered that this sentence endangers the freedom of union action in Spain. “We cannot allow ourselves to be accused of crimes for simply practicing the tactics and ways of working of unionism,” claimed the CNT.
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