IES Palau student defence resorst hate crimes: The defense of a student of IES Palau resorts to the file of the cause for hate crime and indoctrination after the 1-O

The defense of one of the students of the IES Palau de Sant Andreu de la Barca, in Barcelona, ​​has filed an appeal against the provisional file order issued last week by the court of instruction number 7 of Martorell. According to the lawyer of the Spanish Association of Civil Guards (AEGC) Jorge Piedrafita, the appeal is based on the fact that he considers that "it is proven that the investigated party exceeded its functions".

IES Palau student defence resorst hate crimes

The lawyer of the AEGC defends in its writing that the teacher of the IES Palau to which they denounced "gave an exclusive point of view to the students, minors, without explaining the constitutional values, the respect or compliance with the sentences and the independence of the judicial power as constitutive values ​​of a democratic state of law ". According to the lawyer, the behavior of the teacher "can not be protected by freedom of expression, which is not an absolute value", since there was a "detriment and incitement to hatred towards students children of civil guards that requires a legal response , especially in the case of minors in the stage of social and personal formation ". He also explains that, as a result of these events, his representative "has stopped talking to other students of the institute with those who were friends before".

The lawyer Jorge Piedrafita represents a student of 1st year of high school, daughter of an agent of the Civil Guard of the commander of Sant Andreu de la Barca. In her story the student explains that on October 2, 2017 the teacher said, before the classroom, that she was not in a position to teach class because the agents who had intervened on the day of the referendum had been "savages", which is why I preferred to open a debate about 1-O.

The student also said that the teacher said she was "worried" about the "undemocratic attitude" of some institutions during the 1-O, while announcing the "country strike" scheduled for October 3. The same student explained that the teacher asked to participate in a rally organized in the school yard against the actions of state agents and said he invited her to leave the classroom if she felt uncomfortable.

 The lawyer considers "contradictory" that the judge rejects any intention of disparagement, and instead warns that the performance of the teacher could be contrary to the principles of the Education Law of Catalonia (LEC). In the order of July 12, the magistrate referred to issues such as respect for the rights and duties derived from the Statute and the Constitution, to the transmission of "values ​​proper to a democratic society", to the "integration of all collectives ", to the" freedom of conscience of the students "and to the" exclusion of any type of indoctrination ".

In this sense, Jorge Piedrafita argues that there is a manifest contradiction in the judge assure that "the teacher took the class to express their opinion on specific facts, exclusively from their point of view, in a climate of social tension like the one that lived Catalonia "and that he did it before underage adolescents," without taking into account that there could be students and parents of these who did not share it "and who instead does not see a criminal offense. He also points out that the magistrate explained in his ruling that the teacher "did not speak to the students about the values ​​of the Spanish Constitution, nor about the obligation of citizens to abide by and comply with the law" and instead pointed out only an administrative and asked to transfer the information to the Department of Ensenyament. In this line, the defense denounces that the same day the councilor Josep Bargalló showed his "satisfaction for the file of the cause", therefore it seems "improbable" that the Generalitat assesses that the performance of the teacher is constitutive of some administrative and "possible disciplinary responsibilities" as requested by the magistrate in his writing. If the appeal does not succeed, Piedrafita has already advanced that they will appeal to the Provincial Court of Barcelona.

The court of instruction number 7 of Martorell provisionally filed last July 12 the three complaints that continued open against the teachers of the IES Palau de Sant Andreu de la Barca, investigated for allegedly having disparaged and humiliated children of civil guards after 1- OR. The judge concluded that there is not enough evidence to keep the case open for hate crimes, against moral integrity and against State institutions, and provisionally filed the cases - as he did with the previous ones - and opened the time to present resources as well as the Spanish Association of the Civil Guard has done.

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