Julen case: tweeter Camilo de Ory is sentenced to 18 months in prison for writing degrading jokes about the child

Julen case: tweeter Camilo de Ory is sentenced to 18 months in prison for writing degrading jokes about the child

JUAN CANO Malaga Friday, January 13, 2023, 18:40

COMPONENTS

«If it is annoying to put up with the neighbor's works, imagine how overwhelmed Julen has to be with the perforations». "Julen, the sperm of God." «How could you have sunk so low, Julen». «The well was made by a man, right? Well, SEXIST VIOLENCE ». And so, a dozen similar phrases published on Twitter.

Until now, this newspaper had not reproduced the messages spread by the tweeter Camilo de Ory so as not to give him more publicity. But the sentences need to be explained so that they can be understood. De Ory has been sentenced to 18 months in jail for writing and posting those tweets during the ransom.

Today, Friday January 13, marks the fourth anniversary of the death of little Julen in Totalán. His parents, José Roselló and Victoria García, had gone to enjoy a picnic with a cousin of José's, his partner, David Serrano, and their daughter. While they were preparing the paella, the child fell into a hole 25 centimeters in diameter and a hundred meters deep. The autopsy determined that he died instantly.

During the 13 days that the rescue operation lasted, from the account of Camilo de Ory (Segovia, 1970) a series of messages were published on Twitter that reached the parents of the child, who went to the National Police -specifically, to the Technological Crime Group - to investigate who had written those tweets.

The investigations determined that the messages had been disseminated from Madrid, where the tweeter resides, so the investigation fell to the Investigating Court number 6 of the capital of Spain. De Ory appealed the order by which the cause was transformed into an abbreviated procedure and the National Court agreed with him.

Julen's parents, represented in the case by the lawyer Antonia Barba, annulled the resolution and managed to get the Supreme Court -despite the prosecutor's opposition- to align with their arguments and consider the provisional dismissal "precipitated". The procedure returned to the court for the oral hearing to be held.

Camilo de Ory filed an annulment motion, appealed to the Constitutional Court and requested the suspension of the trial while they revolted. However, the hearing was set for December 22, 2022 and it was finally held.

The tweeter again argued that they were satirical texts and claimed that he only intended to criticize the "sensationalism" in the news treatment of the case. De Ory described the media coverage as "embarrassing", as reflected in the sentence.

He also acknowledged in his statement that, despite the fact that he understood that the content of his messages was "inadequate and exaggerated", he did not intend to "hurt any sensitivity", taking into account that "he has no relationship" with the complainants -the parents- and that, upon learning of the complaint, "withdrew the tweets," the ruling details.

The father, who declared that he had been harmed in February 2019 when filing the complaint, a month after the event, stated that both he and his wife learned of De Ory's tweets through family and friends, feeling at that time "helpless ». The mother stated that these messages caused her "psychological discomfort".

José Roselló said that he tried to contact the tweeter, but that he never apologized for what happened, and that he even learned that De Ory had acknowledged in a television interview that he had increased the number of followers on Twitter.

In the trial, a follower of De Ory's work testified as a witness -proposed by the defendant's defense-, who affirmed that it has the qualification of lyrical poetry and that its short texts have a satirical character. He argued that the tweeter uses irony as a narrative element and "plays to decontextualize using black humor." In his opinion, there is a homogeneity between the messages disseminated and his work.

The prosecutor stated at the hearing that, despite freedom of expression and artistic freedom, no fundamental right is unlimited, so in this case, in his opinion, the dignity of the person was violated. "The feelings of those affected cannot be ignored," he stressed.

The judge considers it proven that De Ory, knowing the "dramatic situation" experienced by the parents, "unfairly increased the pain suffered by them" by disseminating messages in which he used "in a personalized way" the name of his son "with a tone mocking, offensive and degrading."

After examining the arguments of both, the magistrate has sentenced De Ory for a crime against moral integrity to 18 months in prison and to compensate Julen's parents with 6,000 euros. The sentence, however, can still be appealed before the Provincial Court of Madrid and, ultimately, before the Supreme Court.

TOPICS

TopicsJulen Roselló, National Police, Ministry of Justice, Málaga (Province), Málaga, Rescue of Julen Roselló, Events, Málaga Events

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