The Provincial Court of Madrid has acquitted the feminist columnist, writer and activist María Pozo Baena, ‘Barbijaputa’, of the crime of hatred of which she had been accused by her Tuis against the Jews. The judges argue that their right of defense was not respected and a fair trial because the instructional terms were breached. The sentence details that his statement as investigated occurred two years, four months and two days after concluding the deadline for investigation that marks the law. The Prosecutor’s Office asked for a one year and nine months in jail for her.
This resolution puts an end to the long process that has been extended for six years. “The court has issued in the sentence that my most basic defense rights have been violated and that they had never had to sit on the bench. The six years of injustices, judicial process and harassment is not taken away from me, ”said Pozo Baena in an X message.
During the trial, ‘Barbijapauta’ covered himself in the right to freedom of expression, he separated from several anti -Semitic messages attributed to him the accusations and assured that others were taken from context. “I believe in freedom of expression. They are jokes within a very specific political context – in reference to Israel -, ”he said during the prosecutor’s interrogation, where he was proclaimed” deeply anti -fascist “to separate himself from Nazism.
The origin of the procedure is based on a complaint filed in February 2017 by the so -called Legal Committee for the Fight against Discrimination that was admitted because it is a possible crime of hate. In the complaint, the association identified as head of the ‘Barbijapauta’ profile to another person: the comedian Raquel Sastre.
When it was known that behind the profile of ‘Barbijapauta’ there was Pozo Baena had already elapsed the instructional period and it was not possible to agree on new proceedings. This fact affected the defendant’s right of defense and to have a trial without delay, which has resulted in his acquittal if to assess the messages he poured into social networks.
The judges of Section 29 argue that “there is no doubt of the severity of hate crimes”, but they say that “does not justify that their persecution and conviction be done apart from the legally established procedure.” “In a social and democratic state of law, the aims cannot justify the means that do not conform to legality. In other words, the defense rights and a fair trial of the accused must be preserved in any case, ”says the sentence.
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