The Juvenile Prosecutor’s Office of Barcelona resorts to the decide’s resolution and insists on suspending the publication of ‘The Hate’ | Culture | EUROtoday

The Minors Prosecutor’s Office of Barcelona has resorted to the Provincial Court of Barcelona on Tuesday, the order of the Court of First Instance quantity 39 of Barcelona, ​​which on Monday rejected in a precautionary means the publication of the e-book Hate (Anagrama), by author Luisgé Martín. 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 precise to honor, intimacy and the picture of the deceased minors.

In the enchantment, to which the nation has had entry, the prosecutor insists that the e-book can “violate the right to honor, intimacy and own image of the minors” and claims, once more, that “it is transferred from a copy or draft of the same” to the Public Ministry “in order to examine the content and issue the corresponding opinion” on the work. The Prosecutor’s Office argues that, within the face of the elemental proper to the liberty of expression that the decide alleges in his temporary to reject the suspension of the publication of the e-book, there may be one other elementary proper, the precise to honor “that in case of the publication of the book, it is not that it can be restricted, it may be violated.” And he provides that the writer breached its obligation by not transferring the content material of the e-book previous to the Prosecutor’s Office “in order to examine it and issue the corresponding opinion on the possible existence of the illegitimate interference of the right to honor.”

In the enchantment, of seven folios, the prosecutor considers “surprising” the decision of the decide to not apply the precautionary suspension, when “precisely what is about avoiding in a precautionary way with the requested measure is the publication and distribution of the book.” No different precautionary measure “alternative or less restrictive” might be utilized, the prosecutor continues, “for the simple reason that it does not exist.” Not publishing the e-book, deems, is the one measure that “can remedy the breach of the previous communication obligation [a la Fiscalía] (…) and thus avoid injury or impairment in a fundamental right due to illegitimate interference to honor. “” The rights protected by law [en referencia al derecho fundamental a la libertad de expresión] They cannot be considered absolutely unlimited, ”provides the prosecutor within the enchantment.

The Minors Prosecutor’s Office already requested final Thursday to quickly droop the publication of the e-book after the grievance filed by the mom. “This is a request unheard of part [sin escuchar a la otra parte]”The decide replied, who pressured that the prosecution’s request is to droop the publication of a e-book that was initially scheduled for March 26. The Justice of the Peace additionally argued that what they contributed are journalistic articles the place the e-book is referred to,” but none shows the content of the book. “

In the enchantment, the Prosecutor’s Office concludes that “the judge of instance has more than sufficient documentation to assess, provide and conclude with due rigor and security that there are more than enough reasons to affirm the existence of the serious and imminent risk of illegitimate interference and, therefore, of injury to a fundamental right.”

“The judge tries to substantiate that the documentation provided does not show the content of the book,” argues the Prosecutor’s Office, “which is impossible to make a provisional and indicial judgment and that it is not possible to clearly determine the gender to which the book belongs. These considerations lack the basis and are manifestly insufficient to give any support to the denial of the requested measures.”

The courtroom added in his automotive that “it is not possible to determine clearly” the gender to which the e-book belongs (in reference as to whether it’s fiction or non -fiction), “this being a matter of special transcendence when weighing the limits of freedom of expression.” The Public Prosecutor’s Office is shocked by this doubt: “It does not cease to be surprised that according to this statement, the possible injury to honor can only be committed with books of a certain gender. This consideration is inadmissible and must be rejected.”

Hate desires to be, in accordance with its writer, a Inquiry within the felony’s thoughts, in his motivations and emotions, whereas a reconstruction of crime and his personal private strategy to Breton. Appointment as inspiration In chilly blood by Truman Capote the The adversary by Emmanuel Carrère. The writer maintained with the assassin a phone and epistolary relationship (some sixty playing cards), along with visiting him in jail. After Ruth Ortiz’s grievance, the writer of the e-book defined in a press release: “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, gained the Herralde Award in 2020 for its novel One hundred nightsand he’s additionally the writer of works similar to The shade lady o The memoir The love the wrong way up, a stark confession on the tortuous path that he toured till he accepted his homosexuality.