The Provincial Prosecutor's Office of Madrid has appealed the sentence that acquitted two Femen activists who in 2014 chained their naked torso to the main altar of the Almudena Cathedral in Madrid, considering that their action "transgresses a lack of respect" and integrates in the criminal type of profanation.
The two activists, who staged a protest in favor of abortion, were acquitted by the criminal court number 23 in Madrid of a hate crime and several against religious feelings.
In a statement, the Prosecutor's Office informed today that it has lodged an appeal against that judgment, considering that in the trial "it was proven that the requirements to impose on the two Femen activists an offense against freedom of conscience were met. religious feelings and respect for the deceased. "
Remember that the two women carried out their action in the presbytery of a temple, "a cordoned area to prevent their passage", and that they undressed from the waist up with expressions written on their torsos, as "altar to abort", "Gallardón inquisitor" or "take the altar".
They climbed to the metal structure to which they had been chained and, continues, "leaning materially on the vertical mast of the cross" uttered cries similar to the writings they wore on their naked torsos.
For the Prosecutor's Office, "there is no doubt" that these acts constitute a crime of desecration.
For this, it refers to a ruling of the Provincial Court of Madrid in which it states that for desecration to occur, it is not enough to undress from the waist up: "We must be before physical acts on objects unequivocally susceptible to being desecrated"; necessary and enforceable that it is an act of direct desecration, evident and physical and not derived from the simple fact of not complying with certain social norms ".
In its appeal, the Prosecutor's Office alleges that chaining itself to the grid located on the pedestal cross, "unequivocally sacred symbol of the religion cristina", climb the presbytery and lean on the mast of the cross by uttering the screams collected in the sentence "transpires what that would be a lack of respect. "
In his opinion, it is "indifferent" that there were few people in the temple, since the recording of Femen's action "spread in real time in the media" and the offense to religious feelings affected "the large number of people who profess this religion "and who ended up seeing the images.
The Office of the Prosecutor considers that there is no possibility that the two defendants were unaware of the impact of their actions on the religious sentiments of the people who profess Christianity and rejects outright that their actions may be covered in some way in the freedom of expression, "because it could have been exercised in any other place, even within the same temple. "
The court that acquitted the two activists ruled out that they committed an offense against religious freedom because they did not express any expression "by way of humiliation, contempt, insult or discredit of Catholics" that promotes others to discriminate against them, humiliate them and hate them and "even less to act violently against them."
According to the ruling, they could not be considered that their action "would produce, in addition to an offensive act, an act of grave desecration that would affect the fundamental right to religious freedom of Catholics."