It should be remembered that the trial against the aforementioned former religious leader of the Islamic community took place at the end of last May in the Palace of Justice of Santa Cruz de Tenerife.
The prosecutor Enriqueta de Armas requested a sentence of four years in prison for the accused person, as well as the special disqualification of the accused from exercising the position he held at the time of disclosing the messages in the Islamic Federation of the Canary Islands. In addition, the man also appeared at the time he was investigated by professionals from the Civil Guard as a member of the League of Imams of Spain, religious advisor to the Muslim Community in the Canary Islands and spiritual guide for new Muslims and new generations.
As stated in the qualification letter prepared by the representative of the Public Ministry, for more than three years, between August 2014 and September 2017, the person implicated made in a well-known social network “numerous publications with the aim of provoking hatred and hostility against Israel and the Jewish people, with a clear anti-Semitic motivation “, while showing” his manifest animosity “towards the aforementioned Middle Eastern country.
On April 9, 2018, the Court of Instruction number 2 of Santa Cruz de Tenerife agreed to the entry and registration at the home of the accused in the capital of Tenerife. Investigators of the Civil Guard carried out the inspection of the aforementioned house the following day and there they found and seized various electronic devices allegedly used by the accused to spread allegedly offensive messages towards the Jewish people and Israel.
In addition to the custodial sentence and the special disqualification from exercising all the positions that he held at the time of the events in the Muslim community, the delegate prosecutor for hate crimes also demanded a fine of nine months for the individual with a daily fee of six euros (1,620 euros) and payment of court costs.
The oral hearing took place on May 24 and in it, the person implicated acknowledged that he had sent numerous degrading messages towards other people and the aforementioned country in a well-known social network, but argued that the aforementioned publications were made when making use of his freedom expression.
Along these lines, he affirmed before the three magistrates of Section V of the Provincial Court and the representative of the Prosecutor’s Office that his texts do not emanate any hatred.
Seventeen network publications
To formulate her accusation for the trial carried out in May, the representative of the Public Ministry took into account that the implicated person offered their contents “with a user identification number, without any type of privacy restriction and, therefore, being fully accessible public by any user of the social network ”. That is, he did not disclose it to a small number of followers, but to any citizen who would have wanted to access his page on the aforementioned social network, which aggravates his alleged criminal behavior. In the letter of qualification of the prosecutor, a total of 17 messages of the aforementioned characteristics are collected, which were accompanied by images and, sometimes, with the invitation to share by the recipients of the same. At the trial, the testimony of the accused was heard, as well as the Civil Guard investigators who took the case and the computer experts of the security body who analyzed the equipment and publications on the social network. The Prosecutor’s Office has presented an appeal before the Superior Court of Justice of the Canary Islands (TSJC), considering that there are arguments to pass a conviction in this case. In his petition to the magistrates, in the event that it is convicting, he also proposes that the aforementioned contents be deleted. | Pf