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Researchers have analyzed several hundred publications, some of them with extremely violent content.

The privacy settings of the analyzed profiles were public, so that a large number of network users have been able to access their content

The Civil Guard, within the framework of the 'Kalambre' operation, has developed an investigation to clarify an alleged hate crime, committed through social networks, which has resulted in the identification, location, detention and subsequent judicial provision of a neighbor of the municipality of Águilas (Murcia) as the alleged perpetrator of hate crime (1), framed in crimes against the exercise of fundamental rights and public liberties guaranteed by the Constitution.

The registration made at an address in Águilas (Murcia) has resulted in the seizure of a mobile phone, property of the now detained.

Information Services of the Benemérita de Navarra and Murcia began the operation after detecting a large number of publications in a well-known social network that clearly and directly incited hatred and violence against Muslims and the immigrant group.

Extremely violent comments

The researchers inquired until they found that there were several hundred publications in which, since 2013, comments of a xenophobic nature were given, some of them of extremely aggressive content in which they were encouraged to exercise violence against their members. groups, such as: 'I want to slaughter them ... kill them and get their guts and eyes out of them'.

Given the seriousness of the publications, the Civil Guard continued with the investigation in order to identify the user of the analyzed profile, which allowed to know that it was a young man, neighbor of the Murcian municipality of Águilas who, in addition, managed other profiles in the Same social network.

According to the investigation, the publications of the material on the Internet were made without any type of restriction, since the configuration of the privacy of these profiles was public, so the comments of incitement to hate, violence and discrimination , published could reach a large number of users of the social network.

Once all the necessary evidence is obtained, the Civil Guard has located and detained a male, Spanish, 38 years old and neighbor of Águilas (Murcia) as the alleged author of a criminal offense referred to in article 510 of the Criminal Code (1).

The registration of your address has been completed with the seizure of a mobile phone.

The 'Kalambre' operation, developed jointly by units of the Information Service of the Civil Guard commanders of Navarra and Murcia, has been coordinated by the prosecutor in charge of the investigation of Hate Crimes in the Region of Murcia and It is one of the priorities established by the Secretary of State for Security related to the investigation and prosecution of hate crimes, visible after the recent approval of the 'Plan to Combat Hate Crimes'.

The detainee, the seized telephone and the proceedings taken have been made available to the Court of Instruction of Lorca (Murcia).

(1) CHAPTER IV

Of crimes related to the exercise of fundamental rights and public freedoms.

Section 1. Of the crimes committed on the occasion of the exercise of fundamental rights and public liberties guaranteed by the Constitution

Article 510

1. They will be punished with a prison sentence of one to four years and a fine of six to twelve months:

a) Those who publicly promote, promote or directly or indirectly incite hatred, hostility, discrimination or violence against a group, a part thereof or against a person determined by reason of their membership, for racist, anti-Semitic or other reasons related to the ideology, religion or beliefs, family situation, the membership of its members to an ethnic group, race or nation, their national origin, their sex, orientation or sexual identity, for reasons of gender, illness or disability.

b) Those who produce, elaborate, possess for the purpose of distributing, provide access to third parties, distribute, disseminate or sell written documents or any other kind of material or media that, due to their content, are suitable to encourage, promote, or incite direct or indirectly to hatred, hostility, discrimination or violence against a group, a part of it, or against a person determined by reason of their membership, for racist, anti-Semitic or other reasons related to ideology, religion or beliefs, family situation, Membership of an ethnic group, race or nation, their national origin, their sex, sexual orientation or identity, due to gender, illness or disability.

c) Publicly deny, seriously trivialize or exalt the crimes of genocide, against humanity or against persons and property protected in the event of armed conflict, or exalt their perpetrators, when they were committed against a group or a part thereof, or against a person determined by reason of their belonging to it, for racist, anti-Semitic or other reasons related to ideology, religion or beliefs, the family situation or the membership of their members to an ethnic group, race or nation, their national origin, their sex, sexual orientation or identity, for reasons of gender, illness or disability, when this promotes or favors a climate of violence, hostility, hatred or discrimination against them.

2. They shall be punished with the imprisonment of six months to two years and a fine of six to twelve months:

a) Those who injure the dignity of people through actions that involve humiliation, contempt or discredit of any of the groups referred to in the previous section, or of a part thereof, or of any person determined by reason of belonging to they for racist, anti-Semitic or other reasons related to ideology, religion or beliefs, family situation, the membership of their members to an ethnicity, race or nation, their national origin, their sex, orientation or sexual identity, for reasons of gender, disease or disability, or produce, elaborate, possess for the purpose of distributing, facilitate access to third parties, distribute, disseminate or sell written or any other kind of material or supports that by their content are suitable for damaging the dignity of people for representing a serious humiliation, contempt or discredit of any of the aforementioned groups, of a part of them, or of any particular person p

or because of their belonging to them.

b) Those who exalt or justify by any means of public expression or dissemination the crimes that had been committed against a group, a part thereof, or against a person determined by reason of their membership in it for racist, anti-Semitic or other referents to the ideology, religion or beliefs, family situation, the membership of its members to an ethnic group, race or nation, their national origin, their sex, sexual orientation or identity, for reasons of gender, illness or disability, or to those who have participated in its execution

The facts will be punished with a penalty of one to four years in prison and a fine of six to twelve months when a climate of violence, hostility, hatred or discrimination against such groups is promoted or favored.

3. The penalties provided for in the preceding sections shall be imposed in their upper half when the events had been carried out through a means of social communication, through the internet or through the use of information technologies, so that, that became accessible to a large number of people.

4. When the facts, in view of their circumstances, are suitable to alter public peace or create a serious feeling of insecurity or fear among the members of the group, the penalty will be imposed in its upper half, which may be raised to the upper in grade.

5. In all cases, the penalty of special disqualification for an educational profession or trade, in the educational, sports and leisure time, shall also be imposed for a period exceeding three to ten years from the duration of the penalty of deprivation of freedom imposed in your case in the sentence, paying attention to the seriousness of the crime, the number of the tasks and the circumstances that concur in the offender.

6. The judge or court will agree to the destruction, deletion or uselessness of the books, files, documents, articles and any kind of support object of the crime referred to in the previous sections or by means of which it was committed.

When the crime was committed through information and communication technologies, the withdrawal of the contents will be agreed.

In the cases in which, through an internet access portal or information society service, the contents referred to in the previous section are disseminated exclusively or predominantly, the access block or the interruption of the the provision thereof.

Source: Ministerio del Interior