This Saturday a neo-Nazi demonstration was held in Madrid, specifically in the Chueca neighborhood.
The Government has already announced that it would take the act to the Prosecutor's Office to investigate it as a hate crime after hearing cries such as "get out of our neighborhoods" or "out of Madrid".
This was stated by the Minister of Equality, Irene Montero on social networks: "We will inform the Prosecutor's Office of the lgtbiphobic and racist hatred of today's Nazi demonstration in Chueca. In addition, we are urgently processing the Trans Law and LGTBI rights, which is which allows shielding rights. LGTBI groups and people, you are not alone. "
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The Government will take the neo-Nazi demonstration held in Chueca to the Prosecutor's Office
A detainee in the homophobic march on Saturday in Chueca
The march was called by the Madrid Seguro neighborhood association to position itself against the '2030/32050 Agendas, which has started in the Plaza de Chueca, a meeting point for the LGTBI collective.
The protesters made the tour of the well-known Madrid neighborhood for being the center of the LGTBI Pride festivities in the capital, holding banners and flags of Spain with the slogan "say no to agendas."
"It is a shame that these provocations are allowed in a neighborhood like Chueca"
The proclamations and shouts of the attendees provoked outrage and rejection, not only from the LGTBI collective and some politicians, but also from neighbors who live in the Madrid neighborhood, such as Mario, who came out onto the balconies to show their absolute rejection.
"A demonstration of Nazis provoking and insulting the neighbors, and we have gone out to the balconies to reprimand them, but it is a shame that these demonstrations, these provocations are allowed in a neighborhood like Chueca, because what do the Nazis have to go to shout and shout? insulting the neighbors who live there. A shame that this is allowed, "he told Cadena SER.
In fact, the spokeswoman for the Madrid government and delegate for Security and Emergencies, Inmaculada Sanz, has confirmed that there is already a detainee.
When can a demonstration be banned and when not?
The neo-Nazi demonstration this Saturday has reopened the debate on whether the right to demonstrate that the Constitution includes can be prohibited, under what circumstances it could be done and when not.
The professor of Constitutional Law and former Constitutional Court scholar, Joaquín Urías, has explained it on Cadena SER.
When can the convening of a demonstration be prohibited?
The Constitution says that a demonstration can only be prohibited when there is a real risk to people and property, supported by data that justifies the decision.
Preventive prohibitions are not allowed in our regulations, there must be evidence that crimes will occur.
Could this Nazi march be banned -before its celebration?
The maximum that the Constitution allows is to equate danger to the commission of crimes.
When there is absolute certainty that a crime will be committed, then a demonstration can be prohibited.
But it has to be absolute data-backed security.
A demonstration cannot be prohibited in case crimes eventually occur.
Hate speeches were voiced during the march in the presence of the Police. When can agents act? Could they have dissolved it at that time?
The Police have to assess whether intervening in a demonstration to prevent a crime from being committed can cause greater damage, such as violence or causing an uncontrolled situation against public order.
If the police understand that in a demonstration it is not possible to intervene to prevent a crime because the damage would be greater, the Police may not intervene.
If someone assaults another person, someone breaks a shop window, or insults or threatens a group, that crime has to be prosecuted after the demonstration and for that it is essential that the Police provide documentation of who has committed a crime.
The Minister of Equality says that they are going to take him to the Prosecutor's Office. What judicial journey does it have?
Once the Police have identified these people - on video or otherwise - they have to deliver that material to justice immediately.
Given that there are people who are inciting discrimination or threatening groups, they have to document who these people are, either through a video or by identifying them, they have to give that information to the judge and the Prosecutor's Office and the prosecutor will have to intervene and initiate actions against the people who have committed the crime in question.
The complaint can be successful because it is determined that there was a hate crime (article 510 of the Penal Code) or that the specific people who insulted are identified.
If these two circumstances occur, the complaint would prosper and there would be a sanction for those responsible.