This Thursday, the European Court of Human Rights (ECtHR) endorsed the nine-month prison sentence imposed in Spain on rapper Pablo Rivadulla Duró, better known as Pablo Hásel, for glorifying terrorism and insulting the Crown. The crimes were committed by publishing dozens of proclamations in favor of ETA and the Grapo on the social network Hasél has been in prison since February 2021 because another sentence of two years and six months in prison was later added to that nine-month sentence for obstruction of justice and threats to a witness; and because, by not paying the fine that accompanied the sentence for exaltation, it was replaced by another sentence of one year and four months in prison.
The ruling of the ECtHR, which has been adopted unanimously, is final. Hasél had alleged that Spain had violated his fundamental rights by condemning him, but the court based in Strasbourg considers that the National Court “took into account the jurisprudence of the ECtHR”, in addition to weighing in a “balanced” manner the interests involved; “including the right to freedom of expression” of the rapper, whose claim before the European court, he adds, is “unfounded.” The Strasbourg judges also consider that the rejection of Hasél’s appeal for protection was carried out “in accordance with the Convention” on Human Rights, according to the statement issued this Thursday by the ECtHR.
Hásel had appealed to Strasbourg in May 2021, shortly after his imprisonment, alleging that his sentence violates several fundamental rights recognized in the Council of Europe Convention on Human Rights. Specifically, his lawyers alleged Article 9 (freedom of thought, conscience and religion), Article 10 (freedom of expression), Article 13 on the right to an effective remedy and Article 18 on the limitation of the application of restrictions on rights.
In this regard, the ECHR considers that, when condemning Hasél for glorifying terrorism, the Spanish justice system made a “reasonable and proportionate” evaluation of the musician’s actions and his right to freedom of expression, thought and conscience. Regarding charges of libel against the Crown, as well as against other institutions, Strasbourg notes that the National Court “carefully considered the case in view of the jurisprudence” of Strasbourg and that the judges “weighed the different interests involved” before making their decision. decision.
The Strasbourg magistrates have also decided to reject the arguments presented by the musician’s defense regarding the violation of his right to an effective remedy and other formal issues.
Hasél has been in prison since February 2021, when he was arrested by the Mossos d’Esquadra in a loud operation at the University of Lleida to serve the sentence imposed by the National Court for glorifying terrorism and insulting the Crown. In December 2021, the Supreme Court confirmed another sentence that sentenced the singer to two years and six months in prison for obstruction of justice and threats: Hasél spread on social networks the image of a witness who had supposedly testified in a trial against a friend of the rapper. The singer, according to the sentence, met the witness in Lleida and threatened him for testifying against his friend. In 2014, the National Court had already sentenced Hasél to another two years in prison for uploading songs to YouTube that praised ETA, the Grapo, Terra Lliure, Al Qaeda… After several appeals, the sentence was final, but it was suspended for three years. years on the condition that Hasél not commit crimes again. The singer did not let the agreed time pass and published tweets praising terrorism and the song against Juan Carlos I, for which he was sentenced to nine months, and that is the sentence for which he ended up entering Ponent.
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Although he has already served almost three years in prison, Hásel, who has always refused to benefit from any prison reductions or benefits, has accumulated various sentences that indicate that he will remain in prison for several more years.
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