The review of the judgment, which will be known in a month, it could aggravate the ‘crisis’ judicial
NEWSPAPER: Thousands of people protest across Spain against the judgment of The Herd: “it is Not abuse, it is rape”
After the setback of the European Court of Human Rights (ECHR) to the Audience Nacionalal dictate that violated the fundamental rights of the former spokesman of Batasuna, Arnaldo Otegi, and the criticism by the turn of the Supreme Court about who should pay the tax of the mortgage, the delicate situation of the Spanish Justice could become more acute with the resolution on the case of The Herd. The Superior Court of Justice of Navarre decided to yesterday about the resources that all parties presented in the controversial ruling, though the ruling will not be officially known to the lawyers and to the public opinion within a month.
The resolution was issued last April 26 by the Second Section of the Provincial Audience of Navarra. Two of the three judges of the court chose the sentence but felt that there was a sexual assault by not having to intimidation or violence, and imposed a sentence of nine years in prison on each of the five locals for sexual abuse with prevalimiento, that is to say, committed under superiority.
The ruling led to a citizen reaction without precedent and thousands of people came out to protest in all the cities of spain the day he met the judgment. On the platform change.org opened a campaign which called for the Supreme “disqualification of judges in charge of sentencing in the trial of The Herd,” request that is still active and has 1.444.000 signatures of support.
The greater part of the political class also put in question the action of the Justice in the case and spoke out publicly against the resolution. Pedro Sanchez, then in the opposition, was so blunt in his Twitter: “She said NO. You believed and you continue to believe. If you did #LaManada was not violence in a group against a helpless wife, what do we mean then by rape?”. Even more explicit was Pablo Iglesias: “How that there was no intimidation? It seems to be saying to victims that if you do not face five thugs that will double in size, risking his life, not you are violating. Shame and disgust”.
The criticism came from all formations. “As a citizen and as a father I can hardly take the sentence #LaManada,” said Albert Rivera. “I feel a deep rejection of the judgment of The Herd because #NOesNO,” said the popular Javier Maroto.
Especially questioned was the magistrate Ricardo Gonzalez, who spoke through particular vote in favor of acquittal, and that the then minister of Justice, Rafael Catalá went on to say that he suffered “a problem singular” and that the General Council of Judicial Power (CGPJ) should have acted against him preemptively.
The avalanche of criticism was such that the president of the CGPJ, Carlos Lesmes, in addition to numerous associations, the judicial, had to go out to defend the work of the court: “All court decisions are certainly subject to public criticism […] and should be respected the right to freedom of expression. Now, when reviews consist of disqualifications emanating from people vested with public responsibilities, undertakes seriously the trust that our justice system deserves of the citizens”, said in a statement.
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