Ruth Ortiz, the mother of Ruth and José, who were murdered by José Bretón in 2011 in Córdoba, and Patricia Ramírez, the mother of Gabriel, who was killed in 2018 in Níjar (Almería), have called for the protection of victims of vicarious violence.
They made this clear in statements to Europa Press regarding the reform of the Penal Code being considered by the Ministry of Equality to prohibit vicarious violence killers from disseminating information about their case to the media or publishers following the controversy sparked by the book ‘El odio’, by Luisgé Martín, about José Bretón.
In this regard, Ortiz has demanded protection for all victims of murdered children, as well as to prevent further revictimization. "They must protect all of us victims who have had our children murdered and do everything possible to prevent us from being revictimized," she said.
Ortiz initiated legal proceedings to prevent the publication of ‘El Odio’. Specifically, through the Victim Support Service of Andalusia (SAVA), she submitted a written request to the Prosecutor for "help, assistance, and protection" stating that she considers the publication to be illegal based on the Civil Protection Law of the Right to Honor, Personal and Family Privacy, and Image, as well as the Organic Law on Comprehensive Protection of Children and Adolescents.
Furthermore, following the suspension of the book by the publisher Anagrama after the Prosecutor’s Office of Córdoba also requested its suspension, the mother of the children expressed that she felt "some relief, although the damage was already done."
Despite the courts upholding the publication of the book, Anagrama decided to terminate the contract for its publication and distribution on April 16. However, the author, Luisgé Martín, maintains his intention to publish the book.
On her part, Patricia Ramírez has expressed her interest in having the government promote laws that protect parents of murdered children from publications related to them. "What we are asking for is a law that prohibits the killers of our children, regardless of whether they are minors or adults, from profiting from our cases, from bringing us out again, reusing us, and forcing us to go to court, preventing us from living our lives," Ramírez emphasized.
While she acknowledged that any progress in protecting the rights of victims is positive, Ramírez believes that the approach "should not come solely from Equality" or only target victims of vicarious violence but should be extended to more cases.
The mother of the child Gabriel recalled the request she made in the Senate’s Interior Commission on June 11 of last year, where she called for a "State agreement" to ensure that victims of violent crimes suffered by their children are protected in defending their rights.
"It must be an agreement for everyone, because surely everyone agrees on protecting dignity, honor, and ensuring that victims do not have to suffer abuse or degrading treatment, regardless of where it comes from," she demanded.
The mother of ‘pescaíto’ took an active role in protecting the image of minors and their parents after learning that a ‘true crime’ about her case was being produced, which, according to the information she had, used images and statements from the killer of her son taken inside the Brieva prison (Ávila) where she is serving a life sentence with the possibility of review.
Specifically, the department led by Ana Redondo is considering introducing an additional penalty in this regard in articles 39 and 48 of the Penal Code – which already include penalties for prohibiting residence in the victim’s environment, approaching and/or communicating with the victim, or depriving them of parental authority and the possible telematic control of these measures.
The aim of this modification is to prevent the perpetrator from communicating any information to third parties related to the issue that led to their situation of freedom penalty, when the effect is the revictimization of the victim.
As stated by sources from the Ministry of Equality to Europa Press, 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, a publisher or media outlet would not be able to publish anything as they would not have the content, as the offender would be prohibited from transmitting it as such.
EXPERTS DISAGREE ON EQUALITY’S PROPOSAL
On the other hand, experts in Constitutional Law have disagreed on the Ministry of Equality’s proposal. In this regard, Germán Teruel, a professor of Constitutional Law at the University of Murcia, stated in comments to Europa Press that if the content of the book, in Bretón’s case, is truthful and of public relevance, he does not believe that an additional penalty can be imposed, "because ultimately there is the person’s freedom to tell their version."
"Here, a person has the freedom to tell their version, no matter how reprehensible their version may seem or what they have to tell us. What is the limit? That there is no insult or that they reveal information that is, say, family or personal, that is not truthful and that does not have public relevance," he pointed out.
Likewise, Teruel believes that ‘El Odio’ will be published in the end, as beyond its accuracy and literary quality, it would not exceed the limits of artistic creation. "Therefore, I see it as a perfectly publishable book in our legal system, in accordance with the well-established constitutional principles," he predicted.
On the other hand, David Ortega, a professor of Constitutional Law at the University of Juan Carlos, stated in comments to Europa Press that there is a "conflict" between artistic and literary freedom and the right to the privacy of minors. Initially, he added that privacy usually prevails. "Why? Because the cases in which artistic or expressive freedom prevails are those related to public interest. And here, public interest is complicated," he stated.
Furthermore, Ortega added that artistic expression freedom is "not an absolute right," that "there are limits," and that the privacy of minors may be one of them. "Cases must be carefully examined, and arguments must be carefully considered. Protecting minors, has its logical basis and the best interests of the child, I think it is very good to protect them. Protecting media outlets, well, they must also be protected. In case of conflict, the conflicting legal interests and which one should prevail must be considered," he explained.
SUMAR DOES NOT BELIEVE THAT A MORE RESTRICTIVE LEGISLATION IS THE OPTION
According to sources from Sumar, from the parliamentary groups, in comments to Europa Press, they do not believe that a more restrictive legislation is the solution following the proposal of the Ministry of Equality.
In this regard, they stated that "it is not a matter of being tougher with legislation" but of getting closer and listening to society, which "has expressed with great maturity in rejecting these types of editorial projects clearly." For the party, this is a topic that "already has social consensus that must be heard."
Precisely, the department led by Ana Redondo has indicated that this modification will depend on the progress of the ongoing negotiations with parliamentary groups on the measures to be implemented from the State Pact against Gender Violence.