The Mordaza Law is six years old, and the data of these six years demonstrate the importance and strength of the repressive instrument to deal with social, civil and political rights, together with the new Penal Code, both for the Spanish State and for the economic powers. Since its entry into force on 1 July 2015, police attacks on social, civil and political rights have not ceased even at the time of the coronavirus. Judicial and police persecution and social control of social and political protest have been steadily reinforced in the Spanish State.
During these six years, freedom of expression, the right to mobilise and the right to receive and disseminate information have suffered tremendous cutbacks in a weakened Spanish State, immersed in the health, territorial, economic, political and social crisis.
Citizens, social activists, trade unions or politicians have paid their courage to face this situation, as the Mordaza Law is prepared to destroy the protest of groups and citizens for the seven reasons it gathers.
First. Having the Civil Law based on administrative procedures, the main guarantees that exist in all sanctioning or criminal proceedings disappear in its application, including the presence of the judge and, consequently, the decision is always dictated to the detriment of the social entrepreneur.
"With the new parliamentary majority that has been formed in Madrid, the Government of Sánchez has the real possibility of repealing the Mordaza Law"
Second. The Moorish Law restricts the right to freedom of assembly, expression, expression and information in the name of security, always to the detriment of the social entrepreneur.
Third. Due to the personal security of the agent, or their families, the Mordaza Law prohibits the dissemination of police images, personal or professional data and, consequently, closes the doors to an important means of proof of defense, always to the detriment of the social activist.
4.Place of procurement. The Moorish Law, by regulating the evidentiary value of the police, gives probative value to his word, contravening the principle of procedural equality and the right of defense and presumption of innocence, always to the detriment of the social activist.
Fifth. The application of the Moorish Law violates the principle of legality because any exercise of a public power is not done in accordance with the law in force and its jurisdiction, but with the will of the police officers, always to the detriment of the social activist.
Sixth. The data point to a clear tendency to punish social movements or associated dynamics, which may be due to the creation of a framework of impunity for the police, always to the detriment of the social entrepreneur.
And seventh. From all the above, it follows that the police and all the administrations use criminal law in a clear and clear way to defend the current status quo and, in general, as a weapon of repression against the movements and organizations that question their actions, always to the detriment of the social entrepreneur.
And that has happened in the Spanish state on 766,416 occasions between 2015 and 2019, that is, before the beginning of the COVID-19 pandemic in March 2020. Since then, the results have deteriorated dramatically.
Throughout Hego Euskal Herria, the result is equally impressive. There are thousands of other sanctions by the National Police, Civil Guard and Municipal Police against local social activists per municipality. In total, in all four countries, the most secure estimate is over 28,000 cases. More than 8,000 of them are directly related to social, civil and political rights, between 2015-2019. Here, too, in 2020 and 2021, data has deteriorated greatly.
They have been indifferent to beating the movement for housing rights, the environmental movement, the feminist movement, for Basque prisoners, the movement of unemployed and precarious people, the punishment of those who have wanted to use their mother tongue, the expulsion of refugees… Most social, trade union and political agents in Euskal Herria have called for a repeal of the Mordainian Law. But I don't think so far.
But now it's possible. With the new parliamentary majority that has been formed in Madrid, the Sanchez Government has the real possibility of repealing the Moorish Law. We do not call for any reformist initiative that “democratizes” the Mordaza Law, article 155 against social movements, what we are asking is that the Mordaza Law be rejected.
We must be incapable of bending ourselves in the defence and practice of our rights and freedoms. Our non-violent resistance must be firm and constant, as this practice will destroy all its political legal discourse. They want our violence to outlaw everything and socially legitimize the attack on them. They're professional provocators, but we're not going to fall into their game.
We must turn repression, regression and centralisation of the state into instruments to strengthen our freedom project. The more aggressions against us, the more mobilizing responses we have to respond. In that we must be stronger, tireless, constant, tenacious. We must develop strategies of civil resistance and disobedience. It is the turn of civil disobedience, direct action, popular resistance, lack of collaboration… the revolt of national and social construction.
Enough of laws!
Disobedience ahead!