The Constitutional Court declared inadmissible the appeal for protection presented by the defense of the known case of the “Swiss Six”, alleging that it did not meet the requirement of “particular constitutional significance”, reported the CNT union in a press release. The “La Suisse Six” were sentenced to three and a half years in prison for coercion exercised during a union protest against the “La Suisse” hotel establishment in Gijón in 2016, while they were defending a worker who denounced the owner for alleged harassment.
The union indicated that “the decision was expected, we will continue to fight for the freedom of our colleagues”, while analyzing the steps to appeal to the European Court of Human Rights. They will request a suspension of the prison sentence, citing social roots and the low amount of the sentences. The CNT reiterates that it will continue to explore all possible avenues “to obtain the acquittal of our colleagues and defend the right to social protest”.
Last June, the Supreme Court ratified the previous sentence of three and a half years in prison for a continuing offense of serious coercion and another offense against the administration of justice. The magistrates ratified the conviction of the Provincial Court of Asturias where it is affirmed that the convicts committed acts of harassment and pressure against the owner of the pastry shop “La Suisse” and against his family, which were the trigger for that he closes the pastry shop. company located in Gijon.
Following a complaint from a worker at the establishment, the CNT union and several of its members began a campaign to denounce the situation in the establishment, which the courts described as excessive and which is not protected by freedom of association, with gatherings in front of the establishment with banners, the delivery of leaflets against the businessman, as well as the broadcast of a video in which they denounced him for workplace and sexual harassment, a complaint Who was filed.
A veterinarian, an artist, a social sector worker, a transport sector worker, a hotel worker and a teacher were the condemned, who explained to elDiario.es that they faced the setback “with consistency and dignity” legal action they suffered. described as a “very dangerous precedent” of union persecution for supporting a worker.
The Criminal Chamber of the Supreme Court considered, on the other hand, that “the intentions to put pressure on the businessman to achieve the objectives envisaged by the applicants” were clear, as well as that “the methodology implemented and proven does not constitute an exercise of freedom of expression within the framework of the exercise of freedom of association. “There is an excess in the actions repeatedly deployed due to the concerted actions of the appellants,” the Supreme Court ruling said.
The prison sentence has sparked concerted union protest action in Asturias and other parts of the country, as the sentence is seen as endangering freedom of union action in Spain. “We cannot afford to be accused of crimes simply because we practice the tactics and working methods of trade unionism,” affirmed the CNT.
