The magistrate of the Supreme Court, Javier Hernández, has dismissed the case against Alvise Pérez for disseminating a false covid test of the former Health Minister. The president of the Generalitat, Salvador Illa, will appeal.
The president of the Generalitat, Salvador Illa, will appeal the decision of the magistrate of the Supreme Court to dismiss the case against Alvise Pérez, according to El Periódico de Catalunya. The procedure investigated the dissemination, on the social network X (formerly Twitter), of a supposed covid test attributed to the then Minister of Health, for which he was accused of crimes of falsification and defamation.
The private prosecution exercised by Illa, represented by the professor Fermín Morales, is already preparing the appeal before the Second Chamber of the high court. The judge considers that there is not enough evidence to support the crime of falsification, nor that Alvise fabricated the document or disseminated it knowing it was false, and therefore sees no reason to raise a request to the European Parliament.
Regarding the crime of defamation, the magistrate understands that the publication did not reach the level of humiliation or discredit necessary to take it to the criminal route. According to the ruling, this conclusion leaves open the possibility of claiming through civil means.
“This does not mean, far from it, that Salvador Illa does not have the right to protect his honour and to react against behaviours that unjustly undermine his reputation or his own esteem.”
This is noted by the magistrate himself, who emphasizes that the criminal dismissal does not equate to denying the president his right to defend his honour. For the Catalan reader, the case remains open through the appeal, which the private prosecution will present before the Second Chamber of the Supreme Court in the coming days, according to legal sources.
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