Civil Guard Corporal JJMF published a video on his Twitter account in July 2019 in which a man was seen violently attacking a woman. He accompanied it with a message in which he said: “Here you have the video of the Moroccan MENA of Canet de Mar, to those who we are going to give the money until they are 23 years old, the children of Pedrito Piscinas. By the way, then to make matters worse INRI violates it, these madmen and these packs of Moroccans will not appear in the media.” The 45-second video had 21,900 views. But the recording corresponded to an attack that occurred in China and was released by the authorities of that country seeking citizen collaboration to locate the perpetrator. The Provincial Court of Barcelona sentenced the agent, in November 2022, to 15 months in prison for spreading false news (fakenews) against unaccompanied foreign minors (menas), which led the Minister of Defense, Margarita Robles, to decree their expulsion from the Civil Guard. The Military Chamber of the Supreme Court has now confirmed that sanction.
The punishment imposed on the agent, separation from service, is the harshest provided for by the law that regulates the disciplinary regime of the Civil Guard. It is reserved for perpetrators of very serious offenses, which includes those agents firmly convicted of an intentional crime (with the intention of causing harm). The corporal appealed to the Supreme Court, but the judges have rejected his arguments in a ruling in which they consider the sanction proportionate, taking into account that the guard’s conduct “is radically incompatible with the image of probity, decorum and honesty that every member of the Benemérita has to show.”
The criminal sentence from which the disciplinary sanction was derived considered the agent the author of a crime of injury to the dignity of people for discriminatory reasons and established a sentence of 15 months in prison, a fine of 1,620 euros and confiscation of all his profiles in social networks for two years. According to the facts proven by the Barcelona Court, the guard acted “moved by his animosity and rejection of foreign immigrants of Moroccan origin, and among them their most vulnerable sector such as unaccompanied minors.” In the video recorded in China but which the agent spread as if it had happened in Canet de Mar, you could see how a man brutally attacked a woman, punching her 15 times in the head, followed by 7 kicks in the head as well. , which ended up leaving her unconscious. Immediately afterwards, he tried to pull down her pants and finally ended up grabbing her by the hair and dragging her across the floor, until the aggressor and her victim disappeared from the field of view of the surveillance camera recording the events.
The judges added that the recording was made on June 22, 2019 and that it had “nothing to do with any event that happened in Spain, much less in the town of Canet de Mar.” It was, the magistrates warned, a fake news or fake news. “With the dissemination of the aforementioned text and the shocking video, the defendant intended, with manifest disregard for the truth and in a massive and indiscriminate manner among all potential users of the social network Twitter, to associate the content of the video with an alleged rape that occurred in the town of Canet de Mar (…) in order to globally and unfairly defame unaccompanied minors from other countries who come to our country, particularly Moroccan children, generally associating them with violent acts and attacks sexual”, added the Court.
The court also placed emphasis on the agent’s profile on Twitter, which included “multiple publications of a xenophobic and racist nature” with “alleged distorted and/or false information about immigrants in general, all of them presided over by the same frontal rejection of the presence of foreigners in Spain, especially if they are North African and/or Muslim, and that with its publication and massive dissemination he knew that it generated or could generate among the population feelings of rejection, phobia and abhorrence against them.
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