A group of underage immigrants in a reception center on the Canary Islands, in an archive photo. Quique Curbelo
The Malaga provincial court has convicted seven people – four men and three women – of a hate crime for making comments on Facebook about young migrants in Melilla in 2017. Five of those convicted received the highest sentence imposed in Spain for this type of crime: two years and six months in prison and one day, while for the remaining two the prison sentence is one year. The 48-page verdict, which was announced by SER on Monday, puts an end to the hate messages against foreigners that are repeatedly published on the networks.
The sentences refer to two publications about unaccompanied foreign minors in the autonomous city of Melilla. One of them began like this: “We have to clean the streets with our own resources.” Among other things, the convicts described the migrant boys and girls as “a bunch of bastards.” “Either we go out and beat each other up, or we don’t fix anything,” “Let them go to their damn country to starve,” “When I drive, I’ll run over everyone,” “The only thing they deserve. “ is to put them in a well and “Don’t let them go out for thieves and thieves,” you could also read in the comments. “Freedom of expression must not be placed above the dignity of the person,” emphasizes the ruling.
The case began in 2017 with a complaint from the Prodein Melilla association, which advocates for the rights of migrant children. The case reached the prosecutor’s office and the Jesuit Migrant Service (SJM) appeared as a popular accusation. In the first instance, the Criminal Court No. 1 of Melilla acquitted the defendant last December and the matter was archived, but the two social organizations and the public prosecutor’s office appealed. Before the verdict was announced, the hearing in Malaga required statements from more than 40 people as investigators.
The five people who received the highest sentence were also sentenced to a special ban on standing for election during the term of the sentence and the impossibility of working in the teaching and leisure sector for five and a half years, in addition to a fine of nine months and one day amounting to six euros per day. The other two punishments are one year in prison and a ban on voting and a four-year ban from pursuing an education-related profession. Three other people were acquitted. The judge also demands that all racist messages distributed be deleted.
The ruling states that the expression of “ideas or opinions about crime in general that existed at that time in the autonomous city of Melilla” will not be punished, but that “without a doubt” the words published on social networks “constitute absolute contempt for” include another equal, another person […] simply from the fact of being different, of coming from a different nation and of having entered our country irregularly.”
It also clarifies that the comments focus on unaccompanied foreign minors, whom they consider a “vulnerable and helpless group.” The publications, the text says, “openly and directly led to hatred, discrimination and sometimes even violence against the specified group and thus violated the dignity of its members as human beings for completely different reasons.” Among other things, their origins were “discriminatory.” from the Maghreb or south of the Sahara or that they lack Spanish nationality.
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The first post, published at 9 a.m. on January 16, 2017, on Facebook and in the “Popular Opinion of Melilla” group – which then had more than 14,000 members and now counts almost 27,000 – spoke of the insecurity in the autonomous city . where around 85,000 people live. “We must clean the streets with our own resources and house these potential criminals in closed reception centers,” the text began. “These people have to[ue] feel and know that[ue] We are not afraid of them and we stand against them,” he added.
The ruling shows that there is “no doubt” that unaccompanied foreign minors are targeted by statements that are “objectively degrading, aggressive and hurtful to the group” and “do not admit of any possible rational interpretation that is different or alternative to one is a mere expression of hatred.” or discrimination against people who are members of such a group.” Likewise, he adds that the speech “was the result of a certain maturation and that, moreover, because of the medium chosen, a social network, it brings with it the awareness of this to do an ideal medium so that their message reaches a greater distribution “at least in the specified area”, i.e. Melilla.
The responses of the rest of those convicted by the Málaga Provincial Court focus on another text, published twelve hours later, after seven in the afternoon, on the same social network, concerning the alleged theft of a mobile phone. These include phrases like “Either we go out and beat each other up, or we don’t fix anything, we need to warm them up a little”, “Clean the streets of this rabble”, “When I walk by.” I’ll run over someone who is, and someone gets hurt.” I walked up to them when I was on the street, I had a stick or whatever and they shat” or “The only thing they deserve is to put them in a well .” and don’t let them go out in front of thieves and robbers.” Another of them stated: “Never call the police after beating him. They’re leaving him somewhere and these people deserve it.” And another added, “This was solved by giving a lawless city a day.” As it is every day for this scumbag. I gave justice a day off and let the people act freely and without consequences. And within 24 hours Melilla was sparkling clean.”
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