The Prosecutor's Office sees indications to open an investigation against Lidia Falcón

Trans and LGTBI Collectives have issued a statement in which they publicly express their commitment to public and civil liberties

GAYLES.TV.- La Prosecutor's Office against Hate Crimes of Barcelona has opened proceedings to appreciate sufficient evidence to open an investigation for transphobic comments and accusations of the Feminist Party and its president, Lidia Falcón. According to their result, it will be assessed whether they could constitute a criminal offense. He is accused, among others, of a crime committed on the occasion of the exercise of fundamental rights and public freedoms recognized by the Constitution.

On December 16, 2019, Mar Cambrollé, Representing the Trans Platform Federation that brings together 95% of the specific trans entities, filed a complaint against Lidia Falcón, by repeated communications from the Feminist Party, signed by its president where trans people were stigmatized and criminalized, especially trans women. He also charged against the minor trans Elsa, who addressed a few words in the Extremadura Assembly, publicly denying the identity of this minor and putting unfounded assertions in her mouth in order to intoxicate public opinion, which causes harmful damage to trans childhoods, as well as several demonstrations on social networks in the same line and in a manner reiterated.

La Direcció General d´Igualtat of the Department of Work, Social Affairs and Families of the Generalitat de Catalunya, I file a complaint at the request of the trans association Generate along the same lines in July 2020, which was added to the proceedings already open.

At Decree of the Prosecutor's Office It is highlighted that the line of research will take into account the social context in which the reported hate speech is used, especially if there are already serious tensions related to this speech in society, the capacity of the person who uses the speech of hatred to influence others, the nature and forcefulness of the language used and the repetition.

La Trans Platform Federation has issued a statement in which they publicly state their commitment to public and civil liberties, and in particular to freedom of expression. "We celebrate that justice is not insensitive to the aggressions that trans people suffer, it is necessary that at a time when aggressions against the trans community are increasing and anti-trans rights discourses have grown strongly in unsuspected sectors, the public powers have to be able to put a stop to it and prevent the monster of intolerance from contaminating and setting the course for our coexistence and our progress as a society" has declared Mar Cambrollé. "Lhe guarantee of a rule of law is demonstrated when no sector of the population is left unprotected from it”, The activist has settled.

COMMUNICATION FROM THE TRANS PLATFORM

Trans and lgbti groups in favor of freedom of expression and against hate speech:

The undersigned entities, we want to express our regret at the erroneous interpretations and unfounded objections that have been made regarding the complaint filed by various groups of transgender people against the Feminist Party and its president, Lidia Falcón, and we publicly express our commitment to freedoms public and civil rights, and in particular with freedom of expression, a fundamental human right recognized in the Constitution.

Trans groups, we have always been committed to freedoms. For this reason, we disagree with those who reproach us that we do not share that value and that we intend to demand the right not to be subjected to criticism.

Regarding the complaint that was filed with the Hate Crimes Prosecutor's Office for inciting hate speech and has been upheld, it is not at all motivated by Lidia Falcón's ideas about gender identity and trans people, since we understand that these are protected by the right to freedom of expression, and with which one can agree or not, nor does it aim to neutralize any political dissent on ideas, philosophies, vital options, sexual preferences and of course on legislative projects. The complaint seeks to submit certain aspects of the manifesto of the Feminist Party and other interventions by Lidia Falcón in social networks and the media at the discretion of the Prosecutor's Office specialized in hate crimes, in case the comparisons and attributions to the trans group that are contained in them , may constitute a vexation framed in Article 510.2 a) of the Penal Code.

In this sense, there are national and European precedents, such as the sentence of Section 23 of the Provincial Court of Madrid, in 2018, on a video posted on social networks, linking homosexuality with pedophilia. The sentence considered that "establishing a false relationship between homosexuality and pedophilia had no other purpose than to humiliate homosexual persons, for which it considered a hate crime, dismissing the defense argument based on freedom of expression."

Along these lines, there are also European precedents, such as the 2012 judgment of the European Court of Human Rights, in its Vejdeland case against Sweden, which places the distribution of brochures in which homosexuality was equated with an illness or as the origin of HIV transmission in society.

Lidia Falcón, in her communications and statements on social networks and the media, has equated trans people with ethically despicable and criminal behaviors, such as campaigning in favor of pedophilia and that one of our objectives as a group is trafficking. women for reproductive purposes. Which means criminalizing an entire social sector for its identity, in this case a very vulnerable population attributing false practices. Hate speech is the prelude to hate crime, we need guaranteed responses from the rule of law.

We want to make clear and patent our absolute respect for those who from philosophical and theoretical arguments have ideas or interpretations of trans realities different from those made from trans activism, since we understand that this is framed in the use of the right to freedom expression. Not so stigmatization and equating crime.

We also want to make clear and patent our radically feminist character, by understanding that feminism is and has been the fundamental strategy to promote equal opportunities for all genders, from an intersectional perspective, which respects women in all their diversity.

ADHESIONS

Federation Platform Trans - Associació Generem Trans * Catalunya - Trans Association of Andalusia- Sylvia Rivera - Trans * Baix Power & Roses de Sant Feliú - Associació Trans de Catalunya - Llibertat Vision Trans Arelas -Association of Families of Minors Trans Euforia - Families Trans Aliadas Naizen - Association of Family of Transsexual Minors Chrysallis - Association of Families of Transsexual Minors - El Hombre Transexual - AET- Transexualia - APERTTURA, Association of Transsexual People of Tenerife - TransBoys Association of Transsexual Men - TransGirls Canarias - AmiZando, Asociación Trans de Galicia - I-Vaginarium - Gender and LGBT Lab (Gaylestv) - No Binaries - Spain Balears Diversas LGTBI - Direct Red LGTBI Association - We understand LGTBI - JereLesGays - LGTBI Pasaje de Begoña Association - Andalusia Federation LGBT Diversity - Observatori Contra l'Homofobia de Catalunya - Observatorio Valenciano contra la LGTBIphobia - Andalusian Observatory against LGTBIphobia - Observatory against LGTBI phobia Campo de Gibraltar - Entenem Santa Coloma LGTBI - Foundation December 26 - COGAM- Colectivo LGTB + de Madrid - Front d'Alliberament Gai de Catalunya - Positive Support - GOTAS, Social Diversity Association - FLG- LGBTI Families - Gais Positius - Casal Lambda - Platform d´Entitats LGTBI de Catalunya (LGTBIcat) - Sant Boi en Positius Trans HIV - Associació Grup d´amics, Gais, Lesbianes, Transsexuals i Bisexuals (GAG) - H2O col.lectiu LGTBI del Camp de Tarragona - ACEGAL (Pride Barcelona i Gaixample) - Coordination Committee of the National LGTBI Council of Catalonia - GAYLESPOL LGTBI + Police Association - Mataró LGTBI + Association - Cierzo Prolgtb + Sports Association - Siente LGTBI Association - LGTB Terrassa - Crezco, LGTB Families of Andalusia - Barcelona Gay Men's Chorus - Trans Association de Granada - Diversitats FM Radio - Lilith's Association o Soño - Delta LGTBI Association - LGBT Association Ojalá Málaga - ALAS- A Coruña Pola Affective and Sexual Freedom Association- TransDiversidad - Trans Huellas - Visibles 2H - Divertetris Association - LGTBI Association Kifkif Entre Iguales - Les Coruña - Arco Iris Priego de Córdoba - Canarian Institute of Social Animation (ICAS) - Encara en Acció - Associació 17 de Maig - Right to be Costa del Sun - Fundació Enllaç