Catholic priests in Spain could face up to three years in prison if they make comments critical of Islam.
On October 1, the Malaga regional court found Barcelona pastor Custodio Ballester guilty of “Islamophobic” statements he made on a talk show and in writing. He is awaiting sentencing.
The ruling immediately raised alarms about Spain’s commitment to freedom of expression.
“The survival of freedom of expression in Spain today depends on the decision in this case,” Ballester told Catholic News Agency (CNA). “If we don’t, we will be heading towards a new Cuban dictatorship. If we differ from Fidel Castro’s decisions, we will be heading towards a dictatorship that arrests people not just for what they say, but for what they think.”
Ballester, a former special forces soldier, told CNA that his comments never contained any discriminatory or hateful language. He told journalists and supporters outside court that he was calm about the sentence.
“This is the last hearing and we are now waiting for the results,” he said. “In the Spanish Special Forces, we say, ‘Prepare for the worst. The simple things are already planned.'” That’s why we remain calm. If all goes well, I’ll be even happier. ”
Malaga’s regional court heard that Ballester made the comments in previous works, including a 2017 online interview on the talk show “La Rattonera” and a 2016 article titled “The Impossible Dialogue with Islam.”
In response to a pastoral letter from Cardinal Juan José Omera of Barcelona calling for Christian-Muslim dialogue, Ballester wrote: “A renewed revival of Christian-Muslim dialogue, paralyzed by the alleged ‘indiscretions’ of our beloved Pope Benedict
The priest condemned the persecution of Christians by Muslims in countries such as Nigeria, Syria and Bangladesh.
The Spanish Muslim Association against Islamophobia filed a complaint, triggering prosecution under Spain’s controversial hate speech law. Two other people, pastor Jesus Calvo and journalist Armando Robles, are also accused of making similar statements in the same online broadcast.
Article 510 of the Spanish Penal Code criminalizes public expressions that incite hatred, hostility, discrimination, or violence against groups based on religion, race, or other categories. The law was introduced in 1995 and expanded in 2015 to include online crimes, punishing those who publicly encourage or promote hatred. The penalty is one to four years in prison, and prosecutors in Ballester’s case are asking for three years in prison.
Nearly 30,000 people signed a protest petition by the Christian advocacy group Abogados Cristianos (Christian Lawyers). A group of lawyers criticized the ruling as “a legal double standard that does not help all of us who are attacked and humiliated because of our Christian beliefs.”
“We will never censor criticism, contempt or continued criminal behavior broadcast against Catholics on television,” Abogados Cristianos said in a translated online petition. “But no one questions the actions of a particular group that has an interest in protecting and glorifying. If we accept that this injustice was committed by Father Custos, we will be setting a deadly precedent. That is why we have launched a campaign calling on Hate Crimes Prosecutor Miguel Ángel Aguilar to drop the charges against this priest.”
If the court upholds the ruling, Mr Ballester has indicated he will appeal to the European Court of Human Rights and continue his fight for religious freedom.
