Prosecution Seeks to Halt Publication of Book Regarding José Bretón Case
Legal action taken to prevent the release of 'El Odio,' a book detailing confessions related to the 2011 murders of Bretón's children.
The Spanish Public Prosecutor's Office has filed an appeal with the Barcelona Court to request the suspension of the book 'El Odio,' authored by Luisgé Martín. The book is reportedly based on confessions made by José Bretón concerning the murder of his children in Córdoba in 2011, for which he received a 40-year prison sentence.
The Prosecutor's Office argues that the publication would result in an 'imminent harm' to the rights of the children who were victims of the crime.
Last week, the judge of the First Instance Court No. 39 in Barcelona dismissed the precautionary measures proposed by the Minor's Section of the Provincial Prosecutor's Office to halt the book's publication, thereby allowing the Anagrama publishing house to proceed with its release.
In its recent appeal, which has been made available to media outlets, the Prosecution again urges the Court to implement a precautionary suspension of the book's publication.
It asserts that Anagrama has failed to meet its legal obligation to provide the Prosecutor's Office with the content of the book prior to its distribution.
The Prosecution is seeking access to a 'copy or draft' of the manuscript for examination and to formulate an official opinion.
According to the Prosecutor's Office, the book's release could infringe upon fundamental rights, such as the 'illegitimate intrusion into the honor,' privacy, and image of the deceased minors.
The Prosecutor's reasoning emphasizes that the proposed suspension of the publication represents a 'proportionate and justified' measure that does not directly undermine the right to freedom of expression.
Furthermore, the Prosecutor's Office contends that Anagrama has not fulfilled its obligation to provide details regarding the book’s content for assessment, highlighting that the documents submitted to the judge are 'insufficient' for an informed decision, as they contain only a brief excerpt from a press release.
The Prosecutor's Office also disputes the notion put forth by the judge that the genre of the book is not relevant to the evaluation of the balance between freedom of expression and the right to honor.
They argue that it is surprising to claim that potential harm to honor can only occur in books of a particular genre.
The Prosecutor's Office argues that the publication would result in an 'imminent harm' to the rights of the children who were victims of the crime.
Last week, the judge of the First Instance Court No. 39 in Barcelona dismissed the precautionary measures proposed by the Minor's Section of the Provincial Prosecutor's Office to halt the book's publication, thereby allowing the Anagrama publishing house to proceed with its release.
In its recent appeal, which has been made available to media outlets, the Prosecution again urges the Court to implement a precautionary suspension of the book's publication.
It asserts that Anagrama has failed to meet its legal obligation to provide the Prosecutor's Office with the content of the book prior to its distribution.
The Prosecution is seeking access to a 'copy or draft' of the manuscript for examination and to formulate an official opinion.
According to the Prosecutor's Office, the book's release could infringe upon fundamental rights, such as the 'illegitimate intrusion into the honor,' privacy, and image of the deceased minors.
The Prosecutor's reasoning emphasizes that the proposed suspension of the publication represents a 'proportionate and justified' measure that does not directly undermine the right to freedom of expression.
Furthermore, the Prosecutor's Office contends that Anagrama has not fulfilled its obligation to provide details regarding the book’s content for assessment, highlighting that the documents submitted to the judge are 'insufficient' for an informed decision, as they contain only a brief excerpt from a press release.
The Prosecutor's Office also disputes the notion put forth by the judge that the genre of the book is not relevant to the evaluation of the balance between freedom of expression and the right to honor.
They argue that it is surprising to claim that potential harm to honor can only occur in books of a particular genre.
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Translated by AI
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