The head of the Court of Instruction number 12 of Valencia, Matilde Sabater Alamar, has decreed the free dismissal for the open cause against the Rearcapins fault and his failed artist for a Ninot who criticized the genocide in Gaza at the festivities of 2024. The President of Movement against Intolerance, Esteban Ibarra, and Isaac Benzaquen as president of the Federation of Jewish communities of Spain denounced the Jewish communities of Spain Civic Commission to understand that his monument was an affront and could incur a crime of hatred against the Jewish people for mixing Israelite symbols with a swastika Nazi.
According to the initial complaint, the Ninot “objectively represents a Christmas tree where the traditional star that crown it has been replaced by the star of David, symbol of the Jewish people, with a base in the form of Nazi swastika and whose branches hang dead, beheaded babies, beheaded, with accurate shots on their foreheads and other points of the head that simulate having been shot and crackled. The complaint was accompanied by images of the figure in question, as well as various links from the media that echoed the news.
The judge, who adds to the prosecutor’s criteria, concluded that after carefully examining the sculpture of the fault together with the text that accompanied her, and understanding that the explanations given by the investigated in the present case were totally consistent and coherent and coincident with the explanations that he gave both he and the rest of the members of the fault regarding the meaning of the meaning that the meaning of the Ninot“The facts do not exceed the margins of the exercise of the freedom of expression of artistic creation covered by the Spanish Constitution and that are framed in the field of hard criticism of the attitude of a state of war.” “It cannot be considered that the necessary notes are gathered to consider that there is a hate speech as the Public Ministry points out,” adds the magistrate in her sentence.
In addition, the magistrate adds, the Ninotthe public was carried out and presented “in the context of the failures, which are totally satirical and social criticism monuments, as indicated by the Constitutional Court in Judgment 112/2016 and the Supreme Court in Judgment 312/2011”.
The Reflapins Falla, one of the most critical and committed commissions in the city of Valencia, issued a statement after hearing the archive of the cause. “Our failure was falsely accused of a crime of hatred towards the Jewish people. On this propaganda maneuver, freedom of expression has prevailed in the context of the Falleras Festivities. The complainants have not given their faces. They have hurt a combative failure and now hide their hand. Arrapins will continue to express criticism in war, autarchy, climate denialism and social injustice. We will continue enjoying the Fallera satire as a constitutional right, ”they have explained.
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