Strasbourg endorses the conviction of rapper Pablo Hasél

The European Court of Human Rights (ECHR) on Thursday endorsed the nine-month prison sentence imposed in Spain on rapper Pablo Rivadulla Duró, better known as Pablo Hásel, for glorifying terrorism and insulting the Crown. The crimes were committed by publishing dozens of proclamations in favor of ETA and the Grapo on the social network X (then Twitter) and by disseminating an insulting song against Juan Carlos I, among others. Hasél has been in prison since February 2021 because that nine-month sentence was later added to a sentence of two years and six months in prison for obstruction of justice and threats to a witness; and because, by not paying the fine that accompanied the sentence for glorification, it was replaced by another sentence of one year and four months' imprisonment.

The judgment of the ECtHR, which was adopted unanimously, is final. Hasél had alleged that Spain had violated his fundamental rights by convicting him, but the Strasbourg-based court considers that the National Court "took into account the jurisprudence of the ECtHR", in addition to weighing the interests involved in a "balanced" way; "including the right to freedom of expression" of the rapper, whose lawsuit before the European Court, he adds, is "unfounded". The Strasbourg judges also consider that the rejection of Hasél's appeal for protection was made "in accordance with the Convention" on Human Rights, according to the statement issued on Thursday by the ECHR.

Hásel had appealed to Strasbourg in May 2021, shortly after his entry into prison, arguing that his conviction violates several fundamental rights recognised in the Council of Europe's Convention on Human Rights. Specifically, his lawyers invoked article 9 (freedom of thought, conscience and religion), article 10 (freedom of expression), article 13 on the right to an effective remedy and article 18 on the limitation of the application of restrictions on rights.

In this regard, the ECtHR considers that, in convicting Hasél of glorifying terrorism, the Spanish justice system made a "reasonable and proportionate" assessment of the musician's actions and his right to freedom of expression, thought and conscience. Regarding the charges of insulting the Crown, as well as against other institutions, Strasbourg notes that the National Court "carefully considered the case in view of the jurisprudence" of Strasbourg and that the judges "weighed the different interests involved" before making their decision.

The Strasbourg magistrates have also decided to reject the arguments presented by the musician's defence on the violation of his right to an effective remedy and other procedural issues.

Hasél has been in prison since February 2021, when he was arrested by the Mossos d'Esquadra in a noisy operation at the University of Lleida to serve the sentence imposed by the National Court for glorifying terrorism and insulting the Crown. In December 2021, the Supreme Court upheld another sentence sentencing the singer to two years and six months in prison for obstruction of justice and threats: Hasél shared on social media the image of a witness who had allegedly testified in a trial against a friend of the rapper. The singer, according to the sentence, met the witness in Lleida and threatened him for testifying against his friend. In 2014, the National Court had already sentenced Hasél to another two years in prison for uploading songs to YouTube that glorified ETA, the Grapo, Terra Lliure, Al Qaeda... After several appeals, the conviction was final, but was suspended for three years on the condition that Hasél would not reoffend. The singer did not let the agreed time pass and published tweets extolling terrorism and the song against Juan Carlos I, for which he was sentenced to nine months, and that is the sentence for which he ended up entering Ponent.

Although he has already served almost three years in prison, Hásel, who has always refused to benefit from any reduction or prison benefit, has accumulated several sentences that suggest that he will remain in prison for several more years.