A man has tried unsuccessfully this Tuesday to access the courts of Valencia completely naked to attend a trial for exhibitionism. Jordi Ferrer (EFE)
A man has tried unsuccessfully this Tuesday to access the courts of Valencia completely naked to attend a trial against him for indecent exposure.
The person affected, Alejandro C., was summoned to see his recourse to an administrative sanction to which he was subjected for walking around naked.
Three agents of the Civil Guard, from the security group of the City of Justice of Valencia, have prevented him from passing when he tried to enter the court naked, and immediately another group of five national police officers surrounded him and forced him to get dressed with the warning that he would be proposed for sanction if he did not, since at that precise moment a minor was also accessing the building.
“Alejandro already had a criminal trial, he was convicted of entering a police station naked.
This trial has been lost in the first instance and in the Provincial Court, and he is pending appeal to the Supreme Court.
It is likely that he will end up in the Constitutional Court, ”admits his lawyer Pablo Mora.
“Most of the sanctions that are imposed are not usually criminal, but rather for violation of article 37 of the so-called Gag Law, which sanctions obscene exhibitionism when it is not a crime, that is, when it does not occur before minors.
At the moment, we have won a sentence alleging the violation of their fundamental rights or the principle of legality, since many cities do not have an ordinance in this regard”.
“We do not believe that it is obscene to walk down the street naked.
Yes masturbate or do obscene acts.
We understand that going naked is exercising ideological freedom", explains Pablo Mora, who regrets that recently "the director of a school in Torrent has denounced him for passing naked in front of the school 'on purpose', when he actually went to an orchard that has over there".
This lawyer warns that “the law is not clear.
Since the public scandal was repealed in 1988, the legal vacuum has to be covered by municipal ordinances that most cities do not have, which is why we understand that the principle of legality is violated.
Despite the fact that there is not much jurisprudence in this regard, Pablo Mora explains that “there are precedents from the European Court of Human Rights, specifically a case from the United Kingdom, in which it is understood that nudism is protected by ideological freedom and freedom of expression.
That is our fundamental allegation, but we must reach the corresponding instances, and right now the Supreme Court does not share that position.