RIVADULLA DURÓ v. SPAIN DECISION
his occupation, which he defines as a rapper and poet – is a call to the audience to
support those who go ‘further’ than demonstrations (tweet of 14.03.16), without any
explanation during the trial as to what his words ‘going further’ mean, which in simple
logic amounts to abandoning peaceful protest, and turning it into one of violence in
whatever form it may take.
The violent action that he proposes as a framework for action, as when he states in the
above-mentioned tweet that ‘demonstrations are necessary, but not enough’, which
incites the adoption of positions beyond mere peaceful protest, going on to violent
protest, or as in the tweet dated 1.04.16, which states ‘12 years without armed struggle’
on the part of Isabel Aparicio, elevating her action in the armed struggle to the category
of a role model through her example.
And by this we mean violent action against the authorities, the State security forces
and even political parties, as its targets range from HM the King to leaders such as Pablo
Iglesias and IU parliamentarians, and mayors such as Carmena and Colau.
The aim of these tweets is not only the above-mentioned call, but also laudatio, praise
for persons acknowledged as being members of violent groups of a terrorist nature,
without parliamentary legitimacy, who have been sentenced by the courts for their
criminal activities, holding them up as benchmarks of conduct.
This is not therefore a mere commentary in which an opinion is expressed, but a
message that clearly contains an invitation to behave in the same way as ‘their role
models’, an incitement to try to emulate their actions, through short violent and terrorist
activity that represents a commendable and positive form of struggle according to their
criteria, in short an exaltation of violence that they intend to conceal in the form of an
opinion, even going so far as to entail danger to the constitutional order and social peace
and to the people.”
8. The applicant was also convicted, under Article 491 of the Criminal
Code (see paragraph 16 below), as a perpetrator of the offence of insult and
slander against the Crown and misuse of the King’s image and was given a
fine of EUR 10,800.
9. The Audiencia Nacional considered as follows:
“These tweets and the video portray action on the part of the accused which entails
accusing the King Emeritus, and even the current King, of the commission of multiple
offences, including murder and embezzlement, as well as conduct not in accordance
with the authority they represent.
It is not a question of expressing a political claim for another form of State, such as
that of a republic – it is evident from the reading of the tweets and the song that the
intention is to insult and slander, as the tweets and the song are only dedicated to
insulting and belittling the monarchy and its members, with the obvious intention that
anyone who accesses his tweets will adopt a position contrary to [the monarchy], even
in a violent manner.”
10. Lastly, the applicant was also convicted of the offence of insult and
slander against State institutions, and was given a fine of EUR 13,500
pursuant to Article 504 § 2 of the Criminal Code (see paragraph 16 below).
11. The Audiencia Nacional considered as follows:
“In this section it is important to point out the large number of offences that are
repeatedly imputed to members of the State security forces and corps, who are accused
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