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Internet platform for studying Xenophobia, Radicalism and Problems of Intercultural communication.

Persecution of Human Rights Activists and Anti Fascists

Persecution of Human Rights Activists and Anti Fascists

The year 2017 saw a wave of criminal prosecutions of anti-fascist activists, as well as corresponding restrictions on civil and political rights such as freedom of speech and peaceful assembly. Criminal law is used in Spain to combat anti-fascist activists. As an example, in February 2017, Spain's Supreme Court sentenced leftist singer César Struberry to prison for a series of barbed speeches, including a joke about Almiral Carrero Blanco, the Frankish leader who was assassinated by ETA in 1973. The court accused him of "using hate speech, legitimizing terrorism as a means of resolving social conflicts, and forcing victims to recall the painful experience of threatening, kidnapping or killing a close family member." The court accused him of "using hate speech, legitimizing terrorism as a means of resolving social conflicts, and forcing victims to recall the painful experience of threatening, kidnapping or killing a close family member.

This was followed by other similar cases throughout 2017. They have raised considerable concern among human rights organizations such as Amnesty International, which considers them illegitimate restrictions on free speech. In addition, other critics have highlighted the inappropriate use of the concept of hate speech, which aims to protect vulnerable groups, as well as the lack of proportionality in the sanctions, which often include prison sentences of up to 4 years. In fact, the "confusing attitude" of the Spanish courts has been revealed regarding the definition and treatment of incitement to hatred. Therefore, it is considered necessary to adapt to the international framework on this issue, in particular to ECRI General Recommendation no. 15, which mentions that legislation aimed at regulating hate speech aims to "protect members of vulnerable groups" and notes with concern that they may have been unreasonably prosecuted or that crimes created against them have been applied against them for the wrong reasons.

On the other hand, the human rights organization reported illegal restrictions on freedom of expression and peaceful assembly in Catalonia. Police use of violence against voters during the October 1, 2017 referendum, as well as during the 2020-21 pandemic, has been characterized by Human Rights Watch as disproportionate, as well as violating the rights of peaceful assembly.

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