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Spain's Supreme Court Upholds Hate-Crime Convictions in Melilla Facebook Case and Reduces Terms

Judges ruled the violent, inciting comments fell outside free expression, posing real danger to unaccompanied migrant minors.

Overview

  • Seven defendants received prison terms ranging from eight months to one year and ten months after the court applied mitigation for undue procedural delays.
  • The ruling confirms the Málaga provincial court’s reversal of an initial Melilla acquittal following appeals by the public prosecutor and the Jesuit Migrant Service.
  • The case stems from a January 15, 2017 post in a 14,000‑member Facebook group that drew insults and calls for vigilante action, including proposals for patrols to “clean” the streets.
  • The court highlighted the group’s reach relative to Melilla’s roughly 85,000 residents to underscore the potential for the messages to fuel hostility toward a vulnerable collective.
  • The panel, with Judge Ángel Luis Hurtado as rapporteur, clarified that Spain’s hate‑speech offense does not require a special intent beyond knowingly issuing violent, inciting content capable of creating danger.