The recently retired judge of the National Court, Manuel García Castellón, presented before the Civil Chamber of the Supreme Court a trial for the right to honor against the secretary general of Podemos and deputy in Congress Ione Belarra, who called him “corrupt” and “prevaricator” on his social networks. He is demanding 120,000 euros.
The lawsuit, which ABC has had access to, revolves around the publication in the BOE September 2nd of the magistrate’s retirement, when Belarra published the message about him on Twitter: “We said it months ago and now it is confirmed, this judge and other corrupt people, who have prevaricated against those of us who defend another idea of Spain, are going to get away with it.” no sanctions thanks to the PSOE. Shame.”
“As can be seen in the publication, it has reached six hundred and sixty-two thousand visits. In addition, it has more than six thousand likes, three thousand interactions and a thousand comments, among which we find a multitude of humiliation, insults and contempt towards Mr. Manuel García-Castellón,” the lawsuit states.
He points out that “the media reach of this comment is due to the fact that the accused, due to her status as a representative and secretary of a political party, has a capacity for influence infinitely greater than that of any other civilian.” “That is to say,” the text adds, “her comment, which has had enormous repercussions, makes countless people believe that Mr. García-Castellón is a judge.”“corrupt” and “prevaricator”this statement being absolutely false.
The press also echoed the content of the MP’s message, which sparked a multitude of reactions from Internet users, some of whom also disqualified and insulted the judge. “The aforementioned publication flagrantly violates the right to honor of my client, seriously attacking his person and his professional career which, as we know, has always been impeccable,” the lawsuit states.
He also points out that “contrary to what Ms. Belarra says, there is not a single sentence that condemns Mr. García-Castellón for the crime of corruption or for the crime of prevarication, since he has never been tried for that.”, so that the comment of the Podemos deputy is “totally unacceptable” and “uncertain”.
A flagrant violation that does not fall within the framework of freedom of expression
For the representation of García Castellón, who goes to the Supreme Court because Belarra is acquitted, the message of the deputy “has provoked a flagrant violation of the law to the plaintiff’s honour, causing him serious damage, disrupting his current calm and peaceful life, as well as harm your health “since all his actions and decisions as a member of the Spanish judiciary have had the objective of guaranteeing the impartiality required of him to administer justice.”
considers that “there is no doubt that the expressions used by Ms. Belarra lack a legitimate general interest and are scandalous and offensive”, they are therefore not protected by freedom of expression, given that the Constitution does not include “the right to insult.” Demand that she be condemned pay 120,000 euros and costs.
García-Castellón has been the subject of attacks and criticism from politicians of different ideologies due to the sensitivity of the cases he has investigated throughout his career at the National Court. In November 2023, he requested protection from the General Council of the Judiciary when the government pointed out that he was procrastinating in investigating Carles Puigdemont in the Democratic Tsunami case and that in the ERC he was accused of participating in a judicial war for spurious interests. Now retired, he is directly taking legal action to defend his honor before the Supreme Court.
