The National Court has resolved that it should be the court corresponding to Alsasua to investigate whether a crime of hatred was committed against the Civil Guard in the Navarrese locality for the celebration of the so-called Ospa Eguna or goodbye day, in which the departure is requested of the Armed Institute and the rest of the Security Forces in general.

Judge Ismael Moreno has agreed to send to Alsasua courts the open case following a complaint of Dignity and Justice for the events that occurred on August 31. The magistrate understands the facts are neither constitutive nor of exalting terrorism or humiliating the victims, so that the competence would not be of the National Court, but of the courts of the place where the facts were committed.

Thus, it will be in the courts of Pamplona - whose courts are in charge of the municipality of Alsasua - where the cause is investigated and, if it ends up being brought to trial, where the oral hearing is held. In Alsasua it was where the massive aggression against two civil guards and their partners took place in November 2016. That cause concluded with the National Court ruling that it was not a terrorist crime and the Supreme Court adding that there was no discrimination against the Civil Guard.

Last August, the Prosecutor's Office of the Hearing unsuccessfully asked the court to suspend the celebration of the Ospa Eguna , stating that "these public attacks on the Civil Guard Corps as one of the most severely punished by the criminal action of the terrorist organization ETA also entails a debasement and humiliation against the victims of said organization, against the direct victims in the condition of Civil Guard, and also against their own relatives. " Judge Moreno rejected the prohibition claiming that the criminal jurisdiction is "only the prosecution and punishment of criminal wrongful acts once they have occurred" and that it cannot be "acted on a preventive basis."

As for the hate crime that he contemplates instead of humiliating the victims, the judge explains that after the popular meals, dances or parades there was "always an underlying idea and a clear purpose", which was to create or feed a contrary climate and rejection of the Civil Guard in order to leave the Basque Country and Navarra. "

He continues to report that the call of the Ospa Eguna this year was preceded, as has been the case in previous calls, for the placement of banners in different parts of the town and for the distribution, through the social networks and streets of the population, of posters with the reproduction of episodes that have taken place since the time of Franco until the present day of local actions against residents of Alsasua, where the "repressive nature" of the Civil Guard continued to be denounced and facts were reported against said institution without a judicial guarantee that the corroborate

"Posters were also disseminated in which severe insults were poured against the aforementioned Corps and large banners, placed in predominant places of the aforementioned locality, in whose symbologies the call of the Ospa Eguna was represented and in which serigraphs of guards were reproduced civilians as well as the usual texts of the campaign [...] and the characteristic symbol of the campaign, in the case of a double-headed arrow, with a sinuous shape in yellow ". Similarly, large banners were placed in the immediate vicinity of the Fueros square, in which the face of political leaders from Navarra Suma, Vox and Ciudadanos was reproduced with the text " Faxistak Alde Hemendik " (fascist out of here).

On August 31, the car continues, a popular race was held in which a T-shirt with the word Ospa was delivered and a popular meal in a tent in which a large banner with the word Kalera was placed (Home) and in whose letters appeared the faces of six members of ETA.

SOCIAL ISOLATION

There was also a march under the slogan Milaka arrazoi maletan (Thousands of reasons in the suitcases ) with 14 stops planned in the itinerary of the so-called "Historical map of the repression in Alsasua", stops where a reading was carried out and stories were staged on torture, fascism and repression, "slanderously attributed to the Civil Guard," says the order.

The head of the Central Court of Instruction 2 reproduces the report of the Civil Guard that states that "in this tour, historical and incessant harassment and harassment of the members of the Civil Guard, their families and relatives in the town of Alsasua (Navarra ) and in general against the Civil Guard as an Institution, which they disparage in each of the publications published, the Ospa movement has become the main engine promoting and spreading hate, not only through social networks or the Internet, but also through the constant appearance of graffiti, posters, banners or pasquines in numerous streets of the town, whose expressions are projected with more notoriety if possible before the convocation of the Ospa Eguna .

The report adds that "these attacks, motivated by a circumstance that cannot be modified (the children of the civil guards cannot deprive themselves of this condition) restrict the fundamental rights of a collective, which determines both their private activity and their motivated ambulatory freedom. for the discourse of hate that undermines the foundations of coexistence and promotes social isolation. "

According to the criteria of The Trust Project

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  • Civil Guard
  • Alsasua
  • National audience
  • Navarre
  • ETA

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