Prosecution and Conviction for Burning a Photograph

Background

At a public demonstration held during the King’s official visit to Girona in September 2007, Enric Stern Taulats and Jaume Roura Capellera set fire to a photograph of the royal couple. As a result of this, they were sentenced to 15 months’ imprisonment for insulting the Crown. This was subsequently replaced with a fine of 2,700 euros and a conditional jail term.

They paid the fine, but lodged an appeal with the Constitutional Court. It held that application fell outside the scope of freedom of expression and freedom of opinion, since they had been guilty of incitement to hatred and violence against the King and the monarchy.

Judgment of the European Court of Human Rights

The Court found a violation of freedom of expression. Their act was part of a political, rather than personal, critique of the institution of monarchy in general. Their intention was not to incite anyone to commit acts of violence against the King. The criminal penalty imposed on them was neither proportionate to the legitimate aim pursued nor necessary in a democratic society.

Shortcomings in Implementation

The violation in the case comes from the applicants’ significant criminal liability for acts of speech relating to the Spanish crown, in circumstances where this penalty was not justified. The Spanish authorities must provide information to the Council of Europe concerning how they intend to prevent similar violations of free speech.

The authorities have an obligation to provide this information within six months of the judgment from the European Court of Human Rights becoming final. The judgment became final in June 2018 – yet as of December 2019, the Spanish authorities have not yet provided any information as to how they intend avoid similar violations. Free speech issues relating to insulting the monarchy are an ongoing issue in Spain.  

-        Case summary on Hudoc-Exec

-        Judgment and press release of the European Court of Human Rights