The head of the Social Court No. 1 of Madrid, Amaya Olivas, has ensured that the casseroles that are being registered in the Núñez de Balboa street of the capital against the management of the Government of Pedro Sánchez of the pandemic of the covid-19 they are unconstitutional and that “the right to protest is erected to strengthen democracy, not to overthrow it.”
In an article published last Thursday on the web laultimahora.es, linked to Podemos, this judge of the “progressive” judicial association Judges for Democracy points out that the Government Delegation in Madrid deployed on May 13 “a device in the Salamanca neighborhood to avoid the loud casseroles that dozens of residents have carried out for four consecutive days, without keeping the required social distance.”
According to the judge of the Social, “the police identified 13 people, indicating to the congregants that they were breaching the state of alarm, and that, with this, they put the health of the population at risk. Recall that the protests have to be communicated , not authorize, the competent authorities, a requirement that the protagonists of these unfortunate incidents“
“The serious thing about the caceroladas that occurred in the surroundings of the beautiful Núñez de Balboa area,” he added, “is that it does not allow any legal discussion to enter. These gentlemen have been placed on the margin of our fundamental text: the Spanish Constitution“
“They have not only ignored the fundamental right to health of the citizens of Madrid. With their immodest display of pre-constitutional flags, they have forgotten that the right to protest is erected to strengthen democracy, not to overthrow it“concludes Amaya Olivas.
Legal sources consulted by Digital Freedom they assure that although “said affirmations are protected by freedom of expression, if he were in charge of a matter related to the referred matter, his recusal could be raised, having taken sides. “
“Judges cannot make political protests beyond casting their personal vote. This is what the Judiciary Law says. It starts from the premise that you want to demolish democracy, then it starts from a prejudice that makes you lose impartiality“, they assure the same sources.
“In Spain there has been and there is torture and police mistreatment”
The holder of the Court of the Social nº 1 of Madrid, Amaya Olivas, assured “the existence of torture in Spain“in a digital communication medium in June 2016.
According to the judge, “people are unaware that the Spanish State has been sentenced eight times by the European Court of Human Rights for failing to adequately investigate these types of complaints. This occurs because it is a phenomenon historically silenced in Spain and that it has been deliberately hidden by power thanks to strategies embedded in secrecy and obscurantism. “
“It is very serious,” he added, “that the institutions continue with the intention of hiding the phenomenon of torture and persecute those people who are trying to question power. We should be more sensitive with these issues and be more vigilant with the police work. There is a lack of a culture of human rights throughout society, from which the judiciary is not exempt. There has been a transition, but it was democratically weak and perhaps where its effects were least noticed was in the judiciary. “
“In Spain there has been and is torture and police mistreatment. It cannot be affirmed that it is a generalized phenomenon as it was in the Franco dictatorship, but it is a reality. It is the vilest form of institutional violence and should not enjoy any level of tolerance. That is why I understand that, above all, it is the responsibility of the judiciary to act forcefully to prevent it from occurring and to identify those responsible when the facts are verified, “he concluded.
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