The sentence, made public this Thursday, recognizes that Vega participated in the Telegram channel 'Canarian demonstrations against immigration' in which racist comments against migrantsbut he was not the creator and his participation was limited to publishing a video with an interview of his.
He later left the group and in the oral trial he even commented that they were called "bullshit" and that he did not know the rest of the users - more than 70 people - nor did he know if they were part of his political organization.
In the trial it was proven that Vega called a demonstration in Santa Cruz de Tenerife on November 21, 2020 under the slogan "Go to the demonstration, let's save our identity" and "Without integration there is no immigration", which ended without incident and no humiliating comments on social media.
In the Telegram group, however, various messages were published such as "the only difference between a Moor and me is going to be that he is a religious fanatic murderer, I am going to be a freedom-loving murderer", "if for outside I armed myself right now and started shooting" or "no, neither in the Canary Islands, nor in Spain nor in Europe, these people spread like the plague, and since they are not able to control them we have to exterminate them", among others.
The ruling states that The call for the demonstration was "legal" and at the same time, it undermines the "scant and short" judicial investigation to clarify the facts because, among other things, no work was done to obtain the date of creation and full identification of the creator, owner, administrators and participants of the Telegram group.
"These omissions have prevented criminal proceedings from being taken to prosecute those directly responsible for the aforementioned messages," he highlights.
It also points out that the fact that a person holds the status of president of a political party does not make him, "directly and without the need for proof of guilt," criminally responsible for the messages or comments that may be made on his networks. social, apart from the fact that it is not known who managed the training profiles.
Political disagreement is not illegal
Likewise, the ruling points out, the mere calling of a demonstration with the objective of disseminating and promoting a "possible approach" to the problem of irregular immigration in a manner different from that which could be carried out by the authorities "does not constitute, in itself, "a form of incitement to make these types of violent and racist comments."
In fact, according to multiple resolutions of the Constitutional Court, "the political disagreement about the way to resolve the different problems and challenges that a society faces, as long as it is carried out within the constitutional and legal framework, does not constitute a criminal or criminal activity. margin of the law.
Against the sentence, which is not final, an appeal can be filed before the Civil and Criminal Chamber of the Superior Court of Justice of the Canary Islands (TSJC).