The Prosecutor's Office has appealed acquittal of comedian David Suárez and insists his jokes about people with Down syndrome were a hate crime and not just black humor. The Public Ministry, which requested a year and 10 months in prison for him during the trial, has decided to take the case to the Superior Court of Justice of Madrid with the support of the popular accusation while his defense has requested that his acquittal be confirmed. . "It's just a joke," says the challenge made by his lawyer to defend that it was part of his work as a comedian on her Twitter account.
The tweet that took David Suárez to the bench was published in your account in 2019. "The other day they gave me the best blowjob of my life. The secret was that the girl used a lot of drool. Some advantage had to have Down syndrome," said the message that was finally judged by the Provincial Court of Madrid after an appeal of the popular accusation against the file of the case. At trial, the Galician comedian denied that his intention was to "vex" or "harm" people with Down syndrome and their families, as well as defending the use of black humor to provoke laughter with socially considered issues, he said, as a "taboo".
The Provincial Court of Madrid decided to acquit him last December. A sentence that understood that Suárez's tweet was a "work of fiction", possibly "harmful" for people with Down syndrome but not a crime. "The existence of this incitement to hatred or violence is not appreciated," said the judges, and then invited "to know how to distinguish what is bad taste from what is a crime." Now it is the Prosecutor's Office that appeals the acquittal saying the opposite. "This is a hate crime," he says.
The letter from the prosecutor Ángel Guzmán, to which elDiario.es has had access, affirms that Suárez's tweet "produced an attack on the dignity" of people with this syndrome and had a meaning. "Her rejection and intolerance of her towards the affected group of women suffering from Down syndrome," he stresses. Suárez's message, says the letter, not only denotes "a more than obvious bad taste", as the Madrid Court said, but also "responds to a social perception that is not very inclusive" that leads to discrimination against these people. She cannot protect herself, she adds, in black humor to avoid criminal reproach.
The prosecution compare your case with that of two sentences issued by the same Court of Madrid in recent years for hate crimes. One, in which the judges imposed six months in prison on a journalist for linking homosexuality and pederasty in a video uploaded to YouTube in 2015, and another issued in accordance in which a man accepted 15 months in prison for writing on Twitter things like "The very bitch must have done something, one less, her reasons would have #bastafeminazismo" after the first sexist murder recorded in Spain in 2018. In addition, the Prosecutor's Office understands that the judges in the Suárez case have applied criteria that correspond to another article of hate crime that, unlike the one charged with humiliation, requires that violence be incited.
The appeal of the Prosecutor's Office was presented last January and since then the popular accusation, exercised by the 'Plena Inclusion Madrid' association, has communicated its adherence to request the Madrid Supreme Court to revoke its acquittal and, if necessary, to celebrate a new view. The association was the one that prevented the case from being filed before reaching trial when its appeal was estimated by the Provincial Court and the instructor was forced to reopen it.
The appeal of the Prosecutor's Office has also been challenged in recent weeks by the lawyer Isabel Elbal, defense of the comedian in this case. A letter of opposition to the one that she has had to this newspaper in which she requests confirmation of the acquittal. "Not every offense should be criminally punished, but only one that attacks the dignity of the target groups," says the lawyer's text, later adding: "It is about establishing the difference between damaged dignity, punishable, and offended feelings not punishable."
The comedian's defense brief invites the High Court of Justice of Madrid to do what, it understands, the Constitutional Court requires in this type of case: to make a "previous weighting of the exercise of the fundamental right, in the sphere of the limitation of its content, not directly from the analysis of behavior". He cites, at this point, two cases that passed through the hands of the court of guarantees: that of singer César Strawberry, whose conviction for tweets about ETA, GRAPO and Carrero Blanco was canceledand that of the two convicted for burning photos of the king and queen in Girona in 2007, finally sheltered by the European Court of Human Rights in Strasbourg.
For Suárez's defense, the message he wrote on Twitter was, they say, "simply a joke" told, moreover, by the "fictional character" that he uses on Twitter to develop his work as a humorist in the exercise of artistic freedom. The recipients of him, adds the letter, were not people with Down syndrome and their families but his followers, who according to his lawyer enjoy the black humor characteristic of the Galician comedian.
Now, the case is in the hands of the civil and criminal chamber of the Superior Court of Justice of Madrid. The hate crime contained in various sections of article 510 of the Penal Code has been analyzed, among other areas, in a circular from the State Attorney General's Office itself in 2019, then with María José Segarra at the helm. The Public Ministry said at the time about this 510.2.a that "the supports must represent a humiliation, contempt or discredit of a "serious" nature, an essentially evaluative element that must be weighed in each specific case.