The head of the Court of Instruction Number 2 of Seville has decided to archive the complaint that the general coordinator of the PP, Elías Bendodo, filed against the former president of the PSOE of Seville, Amparo Rubiales, for two tweets in which the historic socialist leader referred to the number three of the PP as a “Nazi Jew”. The judge considers that from her words it cannot be inferred that there is a hate crime or libel crime.
On June 3, Rubiales reacted to Bendodo’s statements in which he called Pedro Sánchez a “cheater” for the electoral advance, publishing on his Twitter account—now X—: “It’s really the speech of a Nazi Jew!” Five days later, Rubiales rectified with the following message: “Someone’s religion, origin or ethnicity should never be used for political criticism. Although, as in my case, the intention was to point out a serious inconsistency. My apologies and correction: Bendodo is a Nazi.” The popular leader, who comes from a Sephardic Jewish family, filed a complaint against her for an alleged hate crime on the 23rd of that same month, days after Rubiales herself resigned from her position as president of the PSOE of Seville.
In his order, the judge considers that in the messages of the former socialist leader “the existence of this incitement to hatred or violence is not appreciated, nor, consequently, the presence of a real risk, even within the framework of the potential danger, for the protected legal rights”, because they are limited to an opinion expressed in reaction to some previous statements by Bendodo, because he has not published messages of that nature again subsequently and because he does not accuse the popular politician of any crime. “What the defendant denounces in her publication, in the legitimate exercise of her freedom of opinion and expression, is an attitude or behavior with which she does not agree from the political sphere, and the published message does not contain any clear reference, perceptible by the generality, to the fact that the reaction against this criticism of the calling of general elections must be developed through violence or through any other non-democratic attitude,” affirms the magistrate.
Nor does it appreciate the existence of a crime of libel because it understands that Rubiales’ statements “move in the field of the exercise of the right to freedom of expression” and that “the expression uttered by the defendant took place in a very political environment.” specifically, after the call for general elections.” The judge also specifies that this conduct “is limited to two brief, isolated publications.”
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