A court docket of Barcelona refuses to droop the publication of ‘The Hate’, the e book on the assassin José Bretón | Culture | EUROtoday

The Court of First Instance quantity 39 of Barcelona has rejected to precautionary the publication of the e book Hate (Anagrama), by author Luisgé Martín, based on the automotive to which the nation has had entry. The work has the testimony of José Breton, the assassin sentenced to 40 years in jail for killing his kids, Ruth and José, six and two years previous. He additionally speaks of the lifetime of Ruth Ortiz, the mom of the youngsters, who had requested the paralysis of the publication for illegitimate interference of the best to honor, intimacy and the picture of the deceased minors.

The choose considers in his letter, of 4 pages, that “the documents provided [en la demanda de la madre] to those who have referred are insufficient to be able to assess ” [el caso]. Therefore, the Justice of the Peace doesn’t pronounce on whether or not the content material of the e book violates the regulation, however is proscribed to rejecting the petition, claiming the elemental proper to freedom of expression, not having parts to guage it. His choice is appealed in enchantment earlier than the Provincial Court of Barcelona.

The Justice of the Peace additionally factors out that “there are many doubts about the territorial competence” of his court docket. The lawsuit was filed by Ortiz earlier than the Provincial Court of Córdoba, and the Minors Prosecutor’s Office of that metropolis transferred the case to Barcelona, ​​the place the headquarters of the Anagram editorial is. The grievance collected some passages from the e book reproduced in data that got here out in numerous media – amongst them the primary article with an extract of the e book, printed in The confidential-. “If we presume that the civil guardianship that is intended to obtain in the subsequent main trial requested precautionary measure would be aimed at avoiding an illegitimate interference in the honor, intimacy and the image caused in the book (…) The documents provided are not suitable for it.” The head of the Barcelona Court provides that the lawsuit is predicated on “journalistic articles where the book is referred, but none shows the content of the same (except for the six lines of the press release). It is absolutely impossible to be able to make a provisional and indicative judgment favorable to the estimation of the guardianship that would be collected in the main trial”.

The Minors Prosecutor’s Office requested on Thursday to quickly droop the publication of the e book after the grievance filed by the mom. The Public Ministry had claimed as a precautionary measure “provisionally suspend the publication and distribution” of the e book till “examining its content and issuing an opinion.” “This is a request unheard of part Since the requested measure is interested in the suspension of the publication of a book scheduled for next March 26, 2025 ″, the court responds. The magistrate also argues that what they contributed are newspaper articles where reference is made to the book, “however none reveals the content material of the e book.”

The court adds in its car that “it isn’t doable to make clear” the gender to which the book belongs (in reference to whether it is fiction or non -fiction), “this being a matter of particular transcendence when weighing the bounds of freedom of expression.” For all these reasons, he considers that it is not possible to assess the “proportionality” of the measure claimed by the Prosecutor’s Office. “We are confronted with a provisional suspension request from the publication of a e book (…) It can’t be forgotten that we’d be proscribing the elemental proper to freedom of expression,” adds the car. The Prosecutor’s Office can appeal the judicial decision within 20 days. In the letter, the judge recognizes that it is a special case: “It can’t be alien to the circumstances surrounding this incident or the particular safety that victims deserve, however civil procedural laws doesn’t comprise mechanisms that permit entry to the request made by the Public Ministry in accordance with the uncovered reasoning.”

Ortiz’s lawyer also claimed Burofax to the Anagrama publishing house that stopped the publication of the volume, whose departure was initially scheduled on Wednesday, March 26. The publishing house published on Friday a statement in which it expressed “that each the writer and the writer are of their proper to publish this work”, although he added that they will wait “to what the judicial resolutions point out.”

An Anagrama spokesman has pointed to El País on Monday that he has not yet made a decision on whether he will distribute the book next Wednesday, March 26. Ruth Ortiz’s lawyer is studying the judicial order to decide the next step.

In Hate, Martín tries to investigate the criminal’s mind, in his motivations and his feelings, while making a reconstruction of the crime and his own personal approach to Breton. The author crossed with him many phone calls and some sixty cards, in addition to visiting him in prison. After Ruth Ortiz’s complaint, the author of the book explained in a statement: “I started writing Hate Because he was unable to understand that someone could kill their own children. Vicaria violence is probably the most incomprehensible of all. “And it defends:”Hate It does not give a voice to José Bretón: he removes it, denies his explanation of the facts, confronts him with his contradictions. The book, in my humble opinion, serves to show the labyrinths of the infamy and the vileness of a murderer. ”

Born and raised in Madrid, Martín’s work has at all times targeted on the subjective exploration of battle personalities. LGTBIQ+collective activist, received the Herralde Award in 2020 for its novel One hundred nightsand he’s additionally the writer of works reminiscent of The shade girl o The memoir The love the other way up, a stark confession on the tortuous path that he toured till he accepted his homosexuality.