The Civil Chamber of the Supreme Court has admitted for processing the lawsuit filed by the retired magistrate Manuel García-Castellón against the Podemos spokesperson in Congress and general secretary of the party, Ione Belarra, for the right to honor. He demands 240,000 euros from him for insulting him online, calling him corrupt and prevaricating.
In two orders notified this Friday, the Chamber admits both the first demand of the ordinary trial magistrate for the right to honor and the extension that he presented to it when, once ABC revealed its existence, Belarra persisted in her insults on the social network .
As provided by the Chamber, the deputy has 20 calendar days to appear in the procedure or she will be declared in default. It also transfers it to the Prosecutor’s Office to respond to García-Castellón’s allegations.
The order, signed by Francisco Marín Castán, Rafael Sarazá and José Luis Seoane, concludes that both the lawsuit and its extension meet the requirements to be processed as a matter of civil liability for the protection of the fundamental right to honor, thus saving a phase in which the position of the parties will be gathered, thus substantiating the process.
The magistrate, who retired last September leaving his last destination, the Central Court of Instruction number 6 of the National Court, filed the lawsuit against Belarra on the grounds that he had far exceeded the limits of freedom of expression by placing him as a corrupt and a prevaricator, two statements that do not compare with a career in which no blemish has been recorded. “There is no right to insult,” he stressed.
In the first lawsuit, he demanded 60,000 euros from the deputy because after his retirement was published in the BOE, on September 2, he published the following message about him on Twitter, which was widely disseminated: “We said it months ago and now it is confirmed, this and other corrupt judges, who have prevaricated against those of us who defend another idea of Spain, are going to get away without any sanction thanks to the PSOE. Shame”.
The second came on October 17, due to the persistence in the spread of expressions “outrageous and offensive” against them after ABC revealed that the magistrate had gone to the Supreme Court in defense of his right to honor. The prosecutor had already informed at that time that the claim could be admitted for processing because the Civil Chamber, being a competent court, was competent to hear the facts.
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