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A judge considers that saying “shitty moro” and “fag” is not a hate crime

A man shows a poster during a protest against racism in Madrid. (Photo: Marcos del Mazo / .)

The Court of Instruction number 47 of Madrid has rejected in an order to prosecute an investigated for a hate crime, considering that the expressions “shitty moro” and “fag” that are accused of were made in the “context of a dispute whose origin was not race or sexual condition ”of the victim.

In addition, “the investigated did not know the sexual condition of the threatened,” says the judge in an order made public this Friday by the Spanish Network for Immigration and Refugee Assistance to denounce the case. According to this platform, the judge investigates a Spanish citizen who last January threatened a group of young migrants with a compressed air pistol who were in the vicinity of the Centro district of Madrid.

The order has been issued after the Madrid Court questioned whether the procedure was converted into a speedy trial by considering the facts a minor crime. The Hearing highlighted that the detonator revolver used by the investigated is a weapon of prohibited acquisition and that, when shooting and pointing at the group, the threats are serious.

The investigating judge therefore proposes to try the man for a crime of possession of weapons and another of threats, but nevertheless rules out the hate crime attributed to the investigated by the Spanish Immigration Network, which shows in a statement its “enormous concern about how a significant part of the judiciary is torpedoing the application of the reform of the Penal Code that added hate crimes ”.

The platform recalls in this context the recent murder of the young Samuel in A Coruña, shouting “fag”, where the police did not initially see a hate crime either because the aggressors did not know the victim and his sexual orientation.

“If there will always be a circumstance that justifies or endorses the power to use the word fag and shitty Moor, what is the use of reforming the Penal Code?” Asks the director of the Immigration Network, Rafael Escudero.

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The platform will appeal the car and request a meeting with the Minister of Justice, Pilar Llop, to address legislative changes that prevent “the spirit and the letter of the law from being frustrated, protecting racist, xenophobic insults and LGTBiphobia from the context” .

This article originally appeared on The HuffPost and has been updated.

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