In the opinion of the National Police, the rally against Islam organized by the far-right party Spain 2000 did not contain “symbols of a xenophobic, violent or racist character.”
The office of the Provincial Information Brigade identifies the president of the ultra formation, José Luis Roberto, and blames a citizen who denounced the Islamophobic act, held on December 18, 2020 in the Plaza de los Pinazo de València, of maintaining a “belligerent and contemptuous attitude” towards the agents. The woman was sanctioned with the Gag Law, according to the order of the head of the Court of Instruction number 17 of Valencia to which this newspaper has had access.
The magistrate, after the police report, has issued the provisional dismissal of the case “as no solid, sufficient and consistent evidence was found or inferred” of the authorship of an alleged hate crime, as reported by the Prosecutor’s Office following a complaint filed by the NGO València Acull. The act was carried out by six people, according to the Police.
The hate crimes prosecutor has appealed the dismissal of the case and reproaches that the instructor has not carried out any diligence, beyond the police report. The Public Prosecutor insists that there are “indications of acts that incite hatred.” “It will be necessary to analyze in any case if this meets the characteristics to be able to speak of a hate crime,” reads the appeal. The jurisprudence of the Supreme Court, recalls the prosecutor, establishes that “a specific danger is not necessary, the abstract danger being sufficient” to investigate an alleged hate crime.
The resource recalls that the concentration, broadcast on social networks, “literally” encourages the fight against Islam. “It is clear that this message can have no other interpretation than to incite hatred,” he adds. The prosecutor recalls the jurisprudence of the European Court of Human Rights that alludes to the need for at least a “minimum investigative activity” in the matter of hate crimes.
The Public Ministry concludes that the “premature dismissal of the case without investigating the facts of the complaint is incompatible with the requirements” of European jurisprudence for States to carry out “effective official investigations when there are crimes of a discriminatory nature.” Thus, the prosecutor requests the statement as investigated of the ultra leader José Luis Roberto in his own name and as the legal representative of Spain 2000.