Published on 26 July 2021
THIRD SECTION
Application no. 27926/21
Pablo FRAGOSO DACOSTA
against Spain
lodged on 14 May 2021
communicated on 7 July 2021
SUBJECT MATTER OF THE CASE
The application concerns the applicant’s criminal conviction for insulting the State. He was ordered to pay a fine of 1,260 Euros. The applicant, during a demonstration concerning a labour conflict with the Armed Forces, near the military arsenal of Ferrol, said: “aquí tedes o silencio da puta bandeira” and “hai que prenderlle lume á puta bandeira” (in Galician originally), the translation of which is the following : “Here you have the silence of the fucking flag” and “The fucking flag must be burned”.
No additional relevant performances or actions took place.
QUESTION TO THE PARTIES
Has there been a violation of the applicant’s right to freedom of expression contrary to Article 10 of the Convention, taking into account, in particular, the specific circumstances in which the expressions were used, and the criminal penalty imposed?
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