The Children’s Prosecutor’s Office of Barcelona resorted to Tuesday the order of the Court of First Instance number 39 of Barcelona that on Monday rejected to precautionary the publication of the book, of the writer. The work has the testimony of José Breton, the murderer sentenced to 40 years in jail for killing his children, Ruth and José, six and two years old. He also speaks of the life of, the mother of the children, who had requested the paralysis of the publication for illegitimate interference of the right to honor, privacy and the image of the deceased minors.
In the appeal to which the country has had access, the prosecutor insists that the book can “violate the right to honor, intimacy and own image of the minors” and claims, again, that “there is a copy or draft transfer of the same” to the Public Ministry “in order to examine the content and issue the corresponding opinion” on the work.
The Minors Prosecutor’s Office already requested last Thursday after the complaint filed by the mother. “This is a request unheard of part [sin escuchar a la otra parte]”The judge replied, who stressed that the prosecution’s request is to suspend the publication of a book that was initially scheduled for March 26. The magistrate also argued that what they contributed are journalistic articles where the book is referred to,” but none shows the content of the book. “
“The judge tries to substantiate that the documentation provided does not show the content of the book,” argues the Prosecutor’s Office, “which is impossible to make a provisional and indicial judgment and that it is not possible to clearly determine the gender to which the book belongs. These considerations lack the basis and are manifestly insufficient to give any support to the denial of the requested measures.” The court added in his car that “it is not possible to determine clearly” the gender to which the book belongs (in reference to whether it is fiction or non -fiction), “this being a matter of special transcendence when weighing the limits of freedom of expression.” The Public Ministry is surprised by this doubt. “It does not cease to have given that according to this statement the possible injury to the right to honor can only be committed with books of a certain gender. This consideration is inadmissible and must be rejected.”
