The Instruction Section of the Court of First Instance of Torremolinos (Málaga) number 4 has decided to activate the necessary procedures to locate and arrest the alleged organizer of a party announced for January 2025 in said town, in which homosexual people were prohibited from entering, upon verifying that it is necessary to carry out various personal diligences and that he "is in an unknown location".
Judicial sources have indicated to Europa Press that, by virtue of a resolution from said court, the National Police has been ordered to arrest the accused and he has been summoned by requisitions to appear before the court, in order to carry out notification and requirement actions within the framework of this case.
The Provincial Prosecutor's Office of Málaga had already filed an indictment against this man, considering that the facts constitute a hate crime, after the party's "regulations" were disseminated with the message "no fights, drugs, flip-flops, faggots". These "homophobic messages", with which, according to the prosecutor, he attacked the dignity of people for discriminatory reasons related to sexual orientation, have led the public ministry to initially request two years in prison.
According to the same sources, the accused have the obligation to be at the disposal of the judicial bodies that investigate the cases, a duty that "has not been fulfilled in this case". Therefore, the mechanisms for his search and arrest have been set in motion and the issuance of requisitions addressed to the National Police, the Civil Guard, and the Local Police has been agreed upon, before proceeding to his eventual declaration of rebellion.
The Prosecutor's Office for Hate Crimes and Against Discrimination of Málaga also charges him with another crime of insult to authority in the exercise of his functions for the comments directed against the mayor of Torremolinos, Margarita del Cid, who was the one who filed the complaint.
In its provisional conclusions, to which Europa Press has had access, the prosecutor details that said party was promoted through social networks with an advertisement in which, as "regulations", it included: "no fights, drugs, flip-flops, faggots", along with a phone number that, according to the investigation, corresponds to the accused. That advertisement was removed from the account, which remains active and has 267 followers.
For the public prosecutor's office, the expressions used by the accused in the event's announcement, "rejecting the generalized admission of homosexual people" and equating homosexuality with fights or drug use, implied "a serious humiliation that undermined the dignity" of people from the LGTBI community, which led to the involvement of several associations in the proceedings.
The prosecutor maintains that the promoter, of Moroccan nationality, "was aware" that his message was being disseminated through social networks and that, therefore, "he lacked control over its dissemination from that moment on," which allowed "its impact to be multiplied" through successive shares and "exponentially increased the humiliation of the group of victims of his attacks, as happened."
The provisional indictment adds that the mayor, given "the clearly discriminatory nature" of the supposed festival regulations, published a message of condemnation on her own social networks, rejecting any homophobic behavior and stating her intention to prevent that event or any similar one from being held.
According to the prosecution, the investigated person responded with a private message in which he insulted the mayor and announced that he would move the festival to Malaga. Finally, the event did not take place due to "the firm opposition of the Torremolinos City Council and the widespread public outcry."
For the Prosecutor's Office, the facts constitute a hate crime in the modality of injury to dignity based on sexual orientation discrimination, another crime of insult to authority in the exercise of their functions, and a third crime of denial of service in an attempted degree.
For these crimes, the public prosecutor's office seeks for the accused, who is in an irregular administrative situation in Spain, a sentence of two years in prison, disqualification from promoting shows for the same period, a fine of 19 months with a daily rate of ten euros, as well as special disqualification from industrial or commercial activities and from any educational profession or trade for a total of five years and nine months.