This Tuesday, a young man tried to enter the courts of Valencia, Spain, completely naked, to attend a trial against him for indecent exposure. In local media they identify the man as Alexander Colomarand point out that “he was summoned to see his recourse to an administrative sanction to which he was subjected for walking around naked.”
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However, three agents of the Civil Guard prevented him from passing. Immediately afterwards, another group of five policemen surrounded him and, later, forced him to get dressed, with the warning that he would be sanctioned if he did not obey, because at that moment a minor was also entering the court building.
The case has gained great importance, to the point that it was reported by newspapers such as The country and the news agency Efe.
According to the newspaper ABCAlejandro Colomar is a 29-year-old naturist. The medium indicates that he is “a computer scientist who teleworks for an American computer security company.”
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Colomar’s lawyer, Pablo Mora, gave some statements to the press. According to him he said, his client “He already had a criminal trial” and “he was convicted of entering a police station naked”.
Mora added that “this trial has been lost in the first instance and in the Provincial Court, and is pending appeal to the Supreme Court. It is likely that it will end up in the Constitutional Court.”
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Indeed, Colomar, according to press reports, has already been given nearly a dozen fines for a total global amount of about 3,000 euros.
This Tuesday, finally, the young man had to get dressed to be able to enter the facilities of the City of Justice.
What do the accused and his lawyer say?
According to the newspaper ABC, Colomar explains that he has never had a problem with his nudity and that he even searched the Internet and found that it is a legal practice. Also, the media assures, the young man regrets that the Police of that country always “annoys him every time he goes out naked, sometimes accompanied by his mother, although she is dressed.”
The young man insists that he will continue to claim his “right” and that he has the money to pay the fines and the lawyer.
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Precisely, his lawyer spoke of the other processes that his client has faced for exhibitionism.
“Most of the sanctions that are imposed are not usually criminal, but by violation of article 37 of the so-called gag law, which punishes obscene exhibitionism when it is not a crime, that is, when it does not occur before minors. At the moment, we have won a sentence alleging the violation of their fundamental rights or the principle of legality, since many cities do not have an ordinance in this regard,” Mora said, in statements collected by the local press.
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The lawyer also stated: “We do not believe that it is obscene to go down the street naked. Masturbating or doing obscene acts is. We understand that going naked is exercising ideological freedom.” And he referred to a specific case. He lamented that “the director of a school in Torrent denounced him (Alexander) for passing ‘on purpose’ naked in front of the school, when he really goes to an orchard that he has there.”
We do not believe that it is obscene to go down the street naked.
But the lawyer goes further. In his opinion, “the law is not clear”, because “since the public scandal was repealed in 1988, the legal vacuum has to be covered by municipal ordinances that most cities do not have, which is why we understand that the principle of legality”.
Despite the fact that there is not much jurisprudence in this regard, Mora argued that “there are precedents from the European Court of Human Rights, specifically a case from the United Kingdom, in which it is understood that nudism is protected by freedom of ideology and expression. That It is our fundamental allegation, but we must reach the corresponding instances, and right now the Supreme Court does not share that position.
INTERNATIONAL WRITING*With information from EFE
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