The Superior Court of Justice (TSJ) of Castilla-La Mancha has confirmed the sentence of twelve months in prison, a fine of 1,680 euros and the payment of compensation of 3,000 euros for moral damages to a resident of Ciudad Real for uttering racist insults and serious threats against another resident of his urbanization, of Colombian nationality. The court considers that the facts constitute a crime of hate and another of serious non-conditional threats, and confirms the criminal severity of the attacks, which included expressions with a strong discriminatory nature.
According to the sentence, the man directed vexatious expressions to his Colombian neighbor as a “shitty monkey” or “go to your country,” even going so far as to affirm that “these people must be exterminated.” In one of the most serious episodes, which occurred in the community pool and in the presence of the complainant’s children, he shouted at him, “get on your knees and sing Face in the Sun for me, I’m going to kill you in front of your children,” in a context of aggression and direct threat.
The Court of First Instance and Instruction No. 2 of Ciudad Real investigated the case after the complaint from the Colombian neighbor and agreed to open an oral trial. The Provincial Court of Ciudad Real handed down a conviction and imposed two 12-month prison sentences, a seven-month fine at a rate of 8 euros per day (1,680 euros), special disqualification for three years from educational or sporting activities, and compensation of 3,000 euros. He also decreed a prohibition on approaching and communicating with the victim, although this last measure was later revoked.
The TSJ confirms the crimes and sentences, but revokes the restraining order
On appeal, the Superior Court of Justice of Castilla-La Mancha rejected the arguments of the convicted man, who alleged a lack of evidence and denied any racist motivation. The court endorsed the victim’s firm statement, considering it coherent and credible, and validated the evidence provided, including the WhatsApp messages, as corroborating elements.
The TSJ stressed that it is not necessary to demonstrate deep ideological hatred, but that it is enough to issue objectively humiliating expressions based on origin for a hate crime to exist, in accordance with the doctrine of the Supreme Court and article 510 of the Penal Code, which punishes humiliating or threatening behavior motivated by national origin, among other factors.
Regarding the crime of threats, the court recalled that it is not necessary for subsequent damage to occur, since article 169 of the Penal Code considers a serious threat with intimidating purposes as a crime, especially if it occurs in a community environment or in the presence of minors, as occurred in this case.
The only modification that the TSJ introduced in the ruling was the elimination of the prohibition of approach, considering that it was not adopted during the investigation, and that similar events had not been repeated after the complaint. Likewise, the court highlighted that the private prosecution itself did not request these measures initially and that their application would prevent him from residing in his own home as they were neighbors. The court considered that this measure would be disproportionate, since its imposition outside of cases of domestic violence is optional and requires a specific justification based on utility and not only punishment.