The head of the Investigative Court number 1 of Palma, which is investigating the case opened against the president of the Balearic Parliament, Gabriel Le Senne (Vox), for an alleged hate crime after breaking up, in the midst of the debate on the repeal of the Balearic Law of democratic memory, the portrait of the republican Aurora Picornell and the activists Maria and Antònia Pascual, murdered by the Francoists on Twelfth Night in 1937, has decreed that the judicial procedure through an order that leaves the extreme right leader at the doors of the bench considering that his gesture injured “the dignity of those people and their families and of the political parties of which they were militants, and demonstrates the clear intention to humiliate them.” .
In a 12-page resolution to which elDiario.es has had access, the instructor emphasizes that “the attack carried out by the person investigated with his actions reveals an evident hatred towards the ideology of the people who were represented in those images, causing an evident moral damage to the memory of the ‘Rojas del Molinar’ [como se conoce popularmente a las mujeres asesinadas que figuraban en la foto]”. He also points out that “all of this cannot be decontextualized from the political sign of the party to which Mr. Le Senne belongs, Vox, which, as proven by the documentaries provided with the different complaints and complaints, never condemned the Franco regime.”
With these provisions, the magistrate gives a period of ten days to the Prosecutor’s Office and the private accusations to request the dismissal of the case or the opening of an oral trial and, in such case, specify the penalties they request for the accused. Specifically, the descendants of the murdered republicans, the Estimada Aurora collective – representing some 50 citizens -, the Communist Party (PCE) and the Communist Party of the People of Spain (PCPE) demand that the case go to trial before the which they consider a gesture that “offended all the victims of Francoism.”
In the order, the judge elaborates that the actions perpetrated by Le Senne “not only undermine the memory of said victims of Franco’s regime, but also of their families, of the political party to which they belonged, in addition to society in general, since they have been granted numerous honors and public distinctions for the values they represent and symbolize, as can be seen with the documentaries in the case.”
Against the position of the Prosecutor’s Office, which last week demanded the file of the case by maintaining that it has not been proven “the will to harm the dignity of the people represented in the photograph and in general of the victims of Franco’s regime and that of their living relatives”, the judge has agreed that the case continues through the abbreviated procedure, prior to the opening of the oral trial. The magistrate points out that there are “sufficient indications to consider that the facts investigated may constitute a crime” committed, he emphasizes, “on the occasion of the exercise of fundamental rights and public freedoms guaranteed by the Constitution.”
The judge emphasizes that, compared to what was expressed by the Public Ministry, “there is sufficient evidence to understand that the person under investigation did have the intention of belittling, disrespecting and humiliating the figures of the ‘Rojas del Molinar'”, and this , he insists, “as a consequence of their political ideas and the political party in which they were active.” Along these lines, the magistrate claims not to understand that Le Senne’s only intention with his gesture was “to preserve the neutrality of the table”, as the president of the Parliament has assured on several occasions and also defended in the statement he gave as investigated on September 27.
The resolution also mentions the explanatory memorandum of the Balearic Democratic Memory Law, which indicates that “a common element of democratic countries is the institutional and social recognition of the people, groups and entities that have contributed to that today you can enjoy a democracy. Recovering the democratic legacy of these people and entities, which in many cases have been retaliated against, is understood as an affirmation of democratic freedoms and as a desire to consolidate a common future of coexistence, harmony and peace,” the regulations underline.
The judge also highlights the specific heading that the same law contemplates for “the memory of women,” noting that “the democratic memory of women is also the object of this law and condemning the violence and repression exercised against them related to the Civil War and the Franco dictatorship for the fact of being women.”
Although he specifies that the evidence against Le Senne, “obviously, must be proven and accredited in the oral trial,” he considers that at the moment they are understood to be “sufficient and sufficient” for the case to continue through the intermediate phase of the abbreviated procedure.
The events took place on June 18, after the second vice president of the Chamber, Mercedes Garrido, avoided removing the photograph that she displayed on the cover of her computer, which showed the ‘Rojas del Molinar’, erected today as a symbol of the anti-fascist struggle in Mallorca. In a gesture that Le Senne described as “accidental,” the president ended up tearing up the image and expelling both Garrido and the second secretary of the Parliament, Pilar Costa, after both refused to change the T-shirts they were wearing with the same images of the victims of Francoism.
It is worth remembering that on September 3, and without revealing the meaning of its position until just a few minutes before the vote, the PP saved Le Senne from dismissal, urged by the opposition groups (PSIB-PSOE, Més per Mallorca , Més per Menorca and Podemos) following events that caused a wave of indignation inside and outside the Balearic Islands. With their abstention, the conservatives, who last year elevated the ultra leader to the presidency of the Parliament in exchange for the popular ones being able to govern the Balearic Islands alone – of course, with the external support of Vox -, facilitated the continuity of the extreme leader. right.
The PP’s position contradicted the words that the president of the Balearic Government, the popular Marga Prohens, had spoken days after the incident and with which she assumed “for granted” that Le Senne would resign given that, according to her point of view, she was the only one way for Abascal’s announcement to break the autonomous governability agreements to have an effect in the Balearic Islands: “Vox’s decision to consider its agreements broken [con el PP] It also implies his resignation from the presidency of the Parliament of the Balearic Islands, which obtained the fruit of these agreements. Yesterday Abascal was very clear and said that the governments of all the Autonomous Communities were breaking up and here the only compensation [de Vox] It was the presidency of the Parliament,” the regional leader said at the time. To this day, Le Senne continues to be the second highest authority in the Autonomous Community.
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