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Saturday, May 24, 2025

Hazte Oír Challenges Court Ruling on Controversial Pedro Sánchez Banner Removal

Legal representatives of the Spanish association argue procedural anomalies and seek nullification of judicial decision.
Hazte Oír, a Spanish advocacy group, is preparing to file a direct appeal with the Provincial Court of Madrid against a recent judicial ruling that ordered the removal of a controversial banner depicting Prime Minister Pedro Sánchez as 'corrupt.' The decision, issued by the Madrid Instruction Court Number 9, has been met with criticism from Hazte Oír's legal counsel, Javier María Pérez-Roldán, who claims the court's reasoning is flawed both in substance and procedure.

Pérez-Roldán has publicly stated that the ruling lacks clarity regarding the alleged crime that provided sufficient grounds for the precautionary measure.

He pointed out that the judge’s order does not specify the nature of the offense in question.

Under Spanish law, if the investigation involves defamation or insults, the complaint must be brought forward by the offended party—Sánchez himself, in this case, as stipulated by law.

Pérez-Roldán emphasized that the ruling fails to acknowledge that the complaint should have been filed by Sánchez rather than a third party.

The complaint was filed by Begoña Nasarre, deputy spokesperson for the Socialist parliamentary group, but Pérez-Roldán noted that her authority to act legally on behalf of Sánchez was not clearly established in the judicial order.

Additionally, he criticized the court for not adhering to procedural requirements that mandate a prior conciliation process before any formal legal action can be taken for offenses not in the public domain.

Pérez-Roldán characterized the judicial action as an 'outrage' and a serious misstep by Judge Arturo Zamarriego, suggesting it could ultimately lead to the annulment of the order to remove the banner.

Pérez-Roldán also expressed concern regarding the judge’s comments on a potential 'excess' of freedom of expression exercised by Hazte Oír, questioning the basis on which such assertions were made, as expressions should unequivocally be protected or not under this right.

Furthermore, he highlighted that the Criminal Procedure Act specifies that judicial resolutions must indicate the timeframe within which the parties can file appeals, a detail that was notably absent from the judge's ruling.
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