The Prosecutor’s Office has requested to dismiss the demand filed Koldo Garcíaexassor of José Luis Ábalosagainst the leader of the party, Alvise Pérez And against a media for publishing some photos in which he was traveling by the former minister, considering that no crime was incurred against the right to image.
The Court of First Instance 72 of Madrid held on Thursday the trial of Alvise as a consequence of the lawsuit that Koldo García filed against him for publishing several photos of a trip he made with Ábalos To the Dominican Republic and Equatorial Guineatogether with a text in which he criticized that these public characters travel to countries considered fiscal paradises.
This fundamental rights demand is also directed against journalists Alfonso Rojo and David Lozano and the medium Digital journalist To then echo these photos, taken in the summer of 2021, shortly after Ábalos was relieved as Minister of Transport and Secretary of Organization of the PSOE.
The trial has not come or Alvise or Koldo García, since the magistrate has not cited them, as usual in civil processes of this type, and Only the lawyers of each party and the prosecutor have intervened.
The representative of the Public Prosecutor that goes out on the back, in which Your image is not visible or recognizable.
For his part, Koldo García’s lawyer, who request 20,000 euros from the defendantshas highlighted that a violation of the right to the image is judged, and not the content of Alvise’s publications or Digital journalistfor the publication without consent of “private images, on a vacation, which do not reflect any news situation or facts of interest”, and in which its client is recognized.
Has highlighted that The Constitutional Court has ruled that publishing a photo like this is an interference In a fundamental right, and if the defendant wanted to talk about the possible commission of a crime by Garcia could have done it without images.
On the other hand, Alise’s lawyer has argued that demand should not be estimated because he cannot have the condition of “private” a person “who was an advisor to a minister and was with his holiday boss“, especially when both countries are considered fiscal paradises and it is accredited that everything published is truthful.
He has specified that if Alvise had not added photos to his publications on social networks He would have been sued for falsehoodand has highlighted that a trial was already held for a lawsuit filed by Ábalos in the same direction and dismissed because the images had been taken in public places.
Also, the lawyer of Digital journalist And of the two demanded journalists, he explained that the former minister is seen in the images but NO TO KOLDO GARCÍAthat in a photo wears sunglasses and cap and in another is on the back, so that it is not recognizable.
He has defended that these snapshots be published because “Koldo García is a public character not only for his public and political significance (…), but for his media significance, surveying for starring in the plot of corruption of the last years, the call Koldo plot “, referring to its imputation in the case of illegal commissions for the purchase of masks during the pandemic.
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