• The conviction Pablo Echenique is sentenced to compensate the family of a murdered man with 80,000 euros, whom he labeled a "rapist"

  • Brother's statement "I will not stop until I see Pablo Echenique read the sentence, until he asks for forgiveness"

The Madrid Court has confirmed the condemnation of Podemos leaders Pablo Echenique and Juanma del Olmo for ensuring that a party candidate in Ávila in 2019, Pilar Baeza, had been raped, understanding that it was an illegitimate interference in the honor of the alleged aggressor - since it was not proven - that he does not take refuge in freedom of expression.

In Section Twelfth of the Provincial Court, it rejects, in a sentence to which Efe has had access, the appeals filed by the two leaders of Podemos and by the party against the sentence handed down a year ago by the Court of First Instance and Instruction number 8 of Leganés (Madrid), and ratifies that ruling.

The court that conducted the investigation convicted Pablo Echenique and Juanma del Olmo for ensuring that a party candidate in Ávila in 2019, Pilar Baeza, had been raped, since the Supreme Court did not consider the violation proven, and ordered them to make the violation public. sentence in the same channels in which they made their statements - a press conference and a tweet - and to compensate the brother of the alleged aggressor with 80,000 euros, who is the one who filed the lawsuit.

The process began with the lawsuit filed in May 2019 by the brother of Manuel López Rodríguez after hearing statements from the current spokesperson for United We Can in Congress and reading a tweet from Del Olmo in which they both assumed that Pilar Baeza had She had been raped 35 years earlier by a man who was murdered by a relative of hers with the help of the young woman.

The Supreme Court sentenced in 1990 Pilar Baeza, who finally did not obtain municipal representation on March 26, 2019, to 30 years in prison, of which he served six in prison, as an accessory to the 1985 murder in Madrid of Manuel López.

The sentence was appealed by the condemned and now the Provincial Court confirms that sentence in a sentence - which is still appealable - arguing, firstly, that the plaintiff was entitled to activate the process despite the fact that the deceased did not leave a will.

The sentence, of which Fernando Herrero de Egaña and Octavio de Toledo is the rapporteur, also makes clear that there was a correct balance between the right to freedom of expression and the right to honor, and specifies that "the exercise of freedom of expression does not authorize defamation ", not even at election time, as was the case.

It details at this point that it is "especially relevant the requirement of truthfulness in the accusation when it comes to crimes of a sexual nature, given the great social rejection that their commission provokes", and emphasizes that the defendants "had no need to accuse the deceased of the commission of a crime of rape to argue in favor of the appointment of Doña Pilar as a candidate ".

Regarding the amount of the compensation, the Chamber says that it is weighted and correct, as with the obligation for Echenique to offer a press conference to read the conviction "that takes place in the same place and under the same conditions as the conference. release of March 4, 2019 ".

The lawyer for the plaintiff who originated the procedure, Bárbara Royo, explained to Efe that "despite the fact that the Prosecutor's Office supported the defendants' statements they were framed within the right to freedom of expression, the Hearing agrees with us" .

"Justice has been served and the right to honor has been restored to a 24-year-old boy who never raped his murderer," adds the lawyer.

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