The Prosecutor’s Office of the National Court has filed the complaints that had been filed against the vice president of the Generalitat of Catalonia, Pere Aragonès (ERC); Adelante Andalucía’s leader, Teresa Rodríguez; and the president of the BNG, Ana Pontón, for possible insults to the Crown after their respective comments upon learning of the departure from Spain of the King Emeritus.
The judicial and political pressure leads the emeritus king to leave Spain to try to save the monarchy from his own scandals
As legal sources have informed Europa Press, the Public Ministry understands that the words of the three political leaders are framed in the field of criticism and freedom of expression, which is why it considers that their comments are not worthy of criminal reproach .
After the Royal House announced the departure from Spain of Juan Carlos I, Aragonès said that “the Bourbons are a criminal organization”, “the monarchy can only be corrupt by definition” and “we must bring down this regime and this monarchy” . For her part, Teresa Rodríguez affirmed that “Juan Carlos I is a thief, but his son Felipe VI is also”, “the rich rob us and the monarchy can do it with impunity” or “the monarchy is corrupt to the core.”
Ana Pontón made statements such as “there is no incense or botafumeiro to cover the rottenness of the Royal Household and we are not going to stop until they judge the Bourbons for thieves and corruption.”
Sentences against Spain
The Prosecutor’s Office has studied the facts and has chosen to follow the criteria already set by the European Court of Human Rights (ECHR), which understands the demonstrations against the Crown or, in this case, against members of the royal family are limited to the “sphere of criticism or political dissidence “and” corresponds to the expression of a rejection of the monarchy as an institution. ”
This is what he said, for example, in the sentence in which he condemned Spain for 15 months in prison to which two young men were sentenced in the National Court for burning photos of the Kings. Since then, this court has followed the same criteria as the Strasbourg court.
According to the ECHR on that occasion, the burning of photos can be understood as a “form of expression of an opinion within the framework of a debate on a matter of public interest, namely the institution of the monarchy.”
Strasbourg also condemned Spain for the sentence to the now leader of EH Bildu Arnaldo Otegi for calling the king “responsible for the torturers”, an expression that does not suppose, in his opinion, a hate speech or encourage the use of violence, but a mere judgment of value.
The European court criticized the “overprotection” of Spanish legislation with respect to the figure of the king and explained that the fact that the monarch occupies a “position of neutrality in the political debate, a position of referee and symbol of the unity of the State “does not imply that he was given” shelter from all criticism in the exercise of his official duties. ”
The complaints against Aragonès, Rodríguez and Pontón were presented by Concordia Real Española, a recently established association made up of “businessmen concerned about the political drift” of the country and whose “values” are “the Constitution and the Spanish tradition”, as they explained themselves to Europa Press.