The prosecutor’s office filed an appeal before the Barcelona hearing Request again the suspension of the publication of the bookHatredof the writer Luisgé Martín. The measure tries to avoid an “imminent accident” to the rights of minors killed, according to the public ministry, which considers this action as “the only way available” to guarantee its protection.
The resource, which has no suspension effects, requires the public for the SPrecautionary use of publication and insists that the Anagrama publishing house has violated the legal obligation to transfer the content of the book to the prosecutor’s office before distribution, therefore it requires that this facilitate a “copy or draft” of the same To examine it and issue an opinion.
For the public ministry, the suspension of publication is a measure “Duly proportionate and justified” This does not imply any “material impairment and direct in the right to freedom of expression”. Anagrama suspended the publication of “El hate” last week, a book in which Luisgé Martín draws a profile of José Bretón and including the testimony of the philicida, sentenced for killing his two children of two and six years in October 2011 in Córdoba, although he had already sent a copy of several media.
“More than enough documentation”
The judge denied the precaution required by the Prosecutor of Minors yesterday, Following the request for amparo for the mother of MinoriUnderstanding that it could mean a decrease in the right to freedom of expression and that there are not enough data to be resolved if the book is a violation of the rights, since its full content is still unknown.
In his appeal, the public ministry claims that The topic of that judge lacks “Foundation” Because, precisely, anger has violated a legal obligation “Not communicating and transferring” to the office of the prosecutor of the content of the book Before publishing in order to examine it and issue an opinion on the possible illegitimate interference of the right to honor of minors.
“In short, it can hardly be transferred to the judge from the content of the book in the face of the violation of the aforementioned obligation of a book that has not yet been published,” adds the appeal. According to the prosecutor, the judge has “more than enough documentation” to evaluate “rigor and safety” that there are reasons to appreciate a “Imminent risk of illegitimate interference and, therefore, injuries to a fundamental right” Of the children of José Bretón.
In particular, the letter refers to the journalistic information on the book by Luisgé Martín, which follows that the book “echoes the demonstrations of the murderer for children”.
A frequent legal mechanism
The prosecutor’s office also considers “inadmissible” the judge’s declaration that he must know what the genre of the book decide whether to suspend his publication: “It is surprising, since according to this statement The possible injury from honor can only be committed with books of a certain genre“.
The public ministry reproaches the judge not to do it “Protection and safeguarding at imminent risk of injuries as a consequence of illegitimate interference. “
According to the prosecutor, the suspension of the publication is “The only available way” to avoid damage to the honor of minorsWithout there being another alternative measure “less restrictive” to the request.
