Although the measure is limited to the murderer, in practice it would prevent media or publishers from publishing anything about it.
The Ministry of Equality is studying a reform of the Penal Code to prohibit murderers of vicarious violence from disseminating information about their case to the media or publishers, following the controversy surrounding the book ‘El odio’ by Luisgé Martín, about José Bretón, the murderer of Ruth and José, Ruth Ortiz’s children.
Ministerial sources have indicated that they are also considering whether to include this measure in a specific package or in a broader one on vicarious violence. However, they have added that this modification will depend on the progress of current negotiations with parliamentary groups on the measures to be implemented from the State Pact against Gender Violence.
Specifically, the department led by Ana Redondo is considering introducing an ancillary penalty in this regard in articles 39 and 48 of the Penal Code – which already include penalties for prohibition of residence in the victim’s environment, approach and/or communication with the victim, or deprivation of parental authority and the possible telematic control of these measures.
The aim of this modification is to prevent the murderer from communicating any information to third parties related to the issue that led them to be in a situation of freedom penalty, when the effect is the revictimization of the victim.
According to sources from the Ministry of Equality, if the change is successfully introduced into the Penal Code, the penalty would be imposed on the offender and could only be directed at the aggressor. However, an editorial or media outlet would not be able to publish anything as they would not have the content, since the offender would be prohibited from conveying it as such, according to these sources.
The measure being studied by the department led by Ana Redondo arises from the controversy generated by the book ‘El odio’, with Bretón’s confessions about the murders committed in Córdoba in 2011, which Anagrama was initially set to publish on March 26.
However, Ruth Ortiz, the mother of Ruth and José, initiated legal proceedings to prevent the publication of the work. Specifically, through the Victim Assistance Service of Andalusia (SAVA), she submitted a letter to the Prosecutor’s Office requesting «help, assistance, and protection,» stating that she considers the publication illegal based on the Law of Civil Protection of the Right to Honor, Personal and Family Privacy, and Image, as well as the Organic Law on Comprehensive Protection of Children and Adolescents.
Despite the courts approving the publication of the book, Anagrama decided on April 16 to terminate the contract for its publication and distribution. «After the termination of the contractual relationship, all rights to the work, assigned to the publisher at the time, return to the author,» the publisher announced in a statement on social media.
In any case, the author, Luisgé Martín, maintains his intention to publish the book and believes that Anagrama has felt «fear» from the «social pressure.» In this sense, he understands that there is «no direct censorship» through a decree, but that there has been «through the backstage.»
Furthermore, Martín defended in an interview on ‘La noche en 24 horas’ on TVE, collected by Europa Press, that his book does not give a voice to Bretón, but rather «confronts» him, and in any case, «he does not come out well.» He also described it as «very serious» that the book could not be published and that so many people have criticized it without reading it, creating «a state of opinion in which there is no possible debate.» «It is almost part of pre-fascist societies,» he concluded.
REDONDO: «NO VOICE TO THE VIOLENT»
On the contrary, the Minister of Equality, Ana Redondo, stated in a video statement disseminated by her department in March that «in no case can a voice be given to murderers, a voice to the violent, a voice to those who have murdered their own children to do the greatest possible harm to the mother, to the woman.»
She also stated after terminating the contract with Anagrama that, in her opinion, the publisher «has been receptive to the social reaction.» Furthermore, the head of the Equality portfolio celebrated that this decision was not made «for mercantile criteria» but «out of empathy» with the victims.
«We celebrate from the Ministry and I personally celebrate the decision of Anagrama to definitively renounce the publication of ‘El Odio’. I believe that the publisher has been receptive to the social reaction and to the request of the victim herself who obviously did not want to be revictimized with this publication and I certainly celebrate that the decision was made not for economic or mercantile criteria but based on social criteria of empathy and protection of the victims,» Redondo said in statements to Europa Press.
WHAT DO THE POLITICAL PARTIES THINK?
So far, among the political groups, the one that has been most in favor of such a prohibition has been Vox, the only party that has not signed the renewal of the State Pact against Gender Violence. Their spokesperson, Pepa Millán, defended, when asked by Europa Press, that their party is «in favor» of those who commit these heinous crimes «rotting in jail.» «Of course, they should not have the privilege of seeing the light of day, much less of publishing any book,» she emphasized.
On the other hand, Podemos expressed the opposite view, albeit with nuances. The spokesperson for the purple party in Congress, Javier Sánchez, argued that «all books can be published,» but pointed out that «another issue is the moral and ethical issue.»
Other political forces have not aligned themselves as clearly on the prohibition of publishing the book and have simply described the debate as «complex.» This is the case with the government partners, Sumar. Specifically, Compromís spokesperson Águeda Mico stated that it was a «super delicate» issue. «There are two fundamental rights that must be preserved,» she specified.
The same argument was made by Sumar’s deputy Jorge Pueyo Sanz: «We are facing a conflict of two rights, which is freedom of expression on one hand, and on the other hand the defense of the victims.» Aína Vidal of En Comú Podem also described it as a «tremendously complex» debate.
From the PP, their spokesperson, Miguel Tellado, limited himself to respecting the judicial decisions and showing affection and support to the mother after learning that a court in Barcelona had endorsed the publication of the work. «The knowledge of this news certainly moves us, and all we can convey is all our affection to the mother of those children and to her entire family. That is what one feels upon learning of that judicial decision,» he said.
FUENTE