The Universal Declaration of Human Rights stipulates that everyone has the right "to freedom of opinion and expression".
This right includes "without interference because of their opinions, receive and impart information and ideas and disseminate them."
also states that in exercising their rights and freedoms, everyone be subject to legal constraints in order to ensure respect for the rights and freedoms of others and of meeting the requirements of the general welfare in a democratic society.
Freedom of expression is reflected in our Constitution in Article 20, being one of the rights that you have more legal guarantees (recurso de amparo, a constitutional appeal, direct applicability in the jurisdiction in summary proceedings, etc.) throughout the text constitutional.
That constitutional provision "recognizes and protects the rights to freely express and disseminate thoughts, ideas and opinions through words, in writing or any other means of reproduction "and" the production and creative writing, science and technology. " It also recognizes and protects the right "to freely communicate or receive truthful information by any media."
The Human Rights Court in Strasbourg has ruled against Spain for violating freedom of expression Arnaldo Otegi to convict King call "chief torturer" .
The sentence pronounced by the Supreme Court and confirmed by the Constitutional Court one year in prison Otegi against his statements against the King in a public ceremony in 2003, when he was spokesman for Batasuna, contradicts the Charter of Fundamental Rights , according to court because the words of the condemned "is not a personal attack against the person's free Rey, or questioning their privacy or personal honor . "
"The terms used to refer Otegi only institutional responsibility as head of the king and symbol of the state apparatus and the forces that he claimed had tortured the newspaper Egunkaria responsible," the statement .
On February 26, 2003 Otegi said the king "Is the supreme head of the English Army, ie responsible for the torturers and torture who protects and enforces its monarchic regime on our people through torture and violence."
The Strasbourg ruling further stated that "the fact that King is not criminally responsible, according to the Constitution itself does not prevent a free debate on possible institutional responsibilities, and even symbolic, head of the State ".
The sentence against Spain is signed by a tribunal of judges chaired by Josep Casadevall , Andorra, and integrated by a Romanian, an Armenian, a Slovak a Georgian, a Moldovan and Luis López Guerra English .
The Government will have to compensate Otegi with 20,000 euros for "moral damages" and pay another 3,000 on the cost of the trial .
is unfortunate, first, that under the freedom of expression, or by virtue of its fuzzy boundaries, to protect the dissemination of doctrines odious or podium to give exhibitors.
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