Sanchez Faces Prosecution for Displaying His Portrait Before the Congress Building
In Spain, a banner displaying insulting and potentially hateful speech towards the Prime Minister, Pedro Sánchez, has led to a legal investigation. The banner, placed by the organisation Hazte Oír, was removed by the Madrid City Hall firefighters following an order from the Madrid Instruction Court number 9.
The banner, approximately 253 square meters in size, was put up in front of the Congress of Deputies around 11:00 hours and featured a large image of Pedro Sánchez with the word "corrupt" written prominently. The banner also included images of folders headed by texts such as 'Begona case', 'Ábalos/Koldo case' and 'case of the general prosecutor of Pedro Sánchez', among others.
The Madrid Court number 12 has taken up the case and offered Pedro Sánchez the opportunity to represent himself as the injured party. The PSOE, the political party led by the Prime Minister, has requested new precautionary measures, including the suspension of the circulation of trucks with posters bearing the same image and the suspension of the dissemination through Hazte Oír's website and social networks.
The judge investigating the case has admitted the representation of Pedro Sánchez as a private accusation. However, Hazte Oír has appealed the decision, considering that Sánchez's representation should not have been accepted because he did not attempt a prior conciliation.
Article 510 of the Spanish Penal Code criminalizes acts of incitement to hatred, violence, or discrimination. This has been applied in contexts involving insults to political figures, including the Prime Minister, as seen in recent legal complaints regarding public insults directed at President Pedro Sánchez. Public officials may file hate crime complaints or seek legal actions for such insults, especially if delivered in public, official, or government-sponsored events.
The European Court of Human Rights supports broad free speech protections but allows restrictions where speech incites hatred or violence. Freedom of expression does not grant a right to publicly display insulting banners if they cross legal limits of hate speech or incitement. The exact legal outcome depends on the content of the banner, context, and the interpretation of national hate crime and insult laws by judicial authorities.
The case is currently under investigation, and further developments are expected.
[1] Spanish Penal Code, Article 510 [2] European Court of Human Rights, Judgment in the case of Lautsi v. Italy (No. 30814/06) [3] European Court of Human Rights, Judgment in the case of Perinçek v. Switzerland (No. 27510/08)
- In light of the ongoing investigations, the Spanish Penal Code's Article 510, which criminalizes acts of incitement to hatred, violence, or discrimination, might be applied to the case of the offensive banner aimed at Prime Minister Pedro Sánchez.
- The politics surrounding the banner controversy has extended to include discussions on policy-and-legislation, with the PSOE, led by the Prime Minister, requesting precautionary measures such as the suspension of the circulation of trucks with posters and the suspension of the dissemination through Hazte Oír's website and social networks.
- The general-news landscape in Spain is abuzz with updates on the crime-and-justice aspect of the case, as the Madrid Court number 12 deliberates on the legality of the banner, and the European Court of Human Rights' judgments in cases related to free speech protections and hate speech serve as precedents for this investigation.
