The Provincial Court of Madrid has rejected the appeal presented by the Prosecutor’s Office, to which the PSOE joined, requesting precautionary measures against Vox to remove electoral posters against migrant minors. The judges consider that the advertising of the far-right party is an “electoral slogan” and cannot be considered to represent some “ideas to be banned”, while others “as criticizable or more than these” have to be admitted. In the car, to which EL PAÍS has had access, the magistrates assure that “regardless of whether the figures offered are truthful or not, [los menores extranjeros] they represent an obvious social and political problem ”.
The far-right party placed a poster at the Sol suburban station, in Madrid, during the campaign of the regional elections of the past 4-M, in which the image of an immigrant minor and an elderly woman were confronted and it was intended compare the supposed public cost of supporting children without family who arrive in Spain with the average pension of a retiree in Spain. Along with the photograph they placed the slogan “Protect Madrid, vote safe.” The public ministry presented the complaint that requested the withdrawal of the poster on a precautionary basis.
In their argumentation, justices Valentín Sanz, Tania García and Eduardo de Urbano (rapporteur of the order) argue that “the poster can also be interpreted as an electoral message to a much larger group than that of the ore [(sic), en referencia a los menores extranjeros no acompañados], in which a graphic and direct criticism of the amount of pensions compared to the support of these young people is presented ”. And he adds: “Regardless of whether the figures offered are true or not, they represent an obvious social and political problem, even with consequences or effects on our international relations, as is well known.”
“Regardless of whether the figures offered are truthful or not, they represent an obvious social and political problem, even with consequences or effects on our international relations, as is well known,” says the order.
The Prosecutor’s Office argued in its legal argument that the poster seeks to “convey a prejudiced image”, linking foreign minors with crime by representing them “cloaked and hooded.” The Audiencia now responds that this Vox campaign “is framed in the context of the legitimate ideological-partisan struggle.” The judges add: “The emission of certain ideas cannot be classified as criminal, unless its purpose is to threaten, insult or belittle, that is, even supposing a criticism, it is legitimate if it is expressed in a way that does not pursue said illicit purposes. ”.
A judge already filed the complaint in April, considering that her messages “do not present the intensity necessary to generate a risk” among these foreign children and adolescents. “A requirement that jurisprudence requires for a hate crime to exist,” he added. The judges rely on freedom of expression and the “pluralism of a democratic society” and cite the ruling of the Zapata case, in which the councilor of Now Madrid Guillermo Zapata was acquitted after the complaint for some tweets published in which it was considered that he humiliated the victims of terrorism and the holocaust.
Less than 300 minors
The issue of the cost of care for vulnerable minors is recurrent in the Vox discourse, which is usually associated with the idea of a security problem. The region protects around 3,700 minors. Of them, 29% are foreigners and in that group, those who have arrived in Spain without the guardianship of an adult are less than 300, according to the Community’s own figures.
During the campaign, President Isabel Díaz-Ayuso, who now relies on the party led in the region by Rocío Monasterio, distanced herself from this speech. In an interview on Cadena SER he assured that “there will be ore that they are criminals and many others who are not, and the crime is just as important if it is committed by someone of Spanish origin or from abroad ”. In the only debate in which he participated, Ayuso defended: “We have to integrate them, out of charity and because we are obligated.”
If you cannot read the full car, click here.
Subscribe here to our new newsletter about Madrid.