The Court of First Instance and Instruction Number 2 of Totana has recently issued an order with the provisional dismissal of the proceedings for the criminal complaint filed by the "Libertas sui Iuris Association" against the mayor, Andrés García, and the councilor for Equality and Defense of the Rights of the LGTB Collective, Eulalia Moreno, for a presumed crime of prevarication due to the repainting of two pedestrian crossings with the color of the rainbow flag in the Plaza de la Constitución of this town.
This initiative was carried out last June in the awareness activities organized by the City Council on the occasion of the Week for Respect and Equality of the LGTBI Collective in Totana;
and now the judge reasons, legally, that "there is no perpetration of the crime of prevarication that gave rise to the case, and agrees to file it."
The judicial order, against which it is possible to appeal, states that "the concurrence of any crime of prevarication has not been sufficiently justified, since the absence of the subjective element that shapes it".
The mayor recalled that the criminal complaint by this association was admitted for processing on September 12 for a crime of prevarication, although the complaining party wielded against the aforementioned municipal officials the crimes of prevarication, road safety and embezzlement.
The mayor of Totana explained that this car shows that it was an "ideological, political and sectarian" quarrel from a group close to the extreme right, as he said, "it was a mere symbolic act of citizen awareness in favor of this social collective. "
In addition, he recalled that this complaint was protected by the Spanish Falange, which boycotted the initiative with the placement of banners on the bridge of the La Santa rambla and painted on the same pedestrian crossings;
and the PP, which condemned the mayor in several plenums and informed the Government Delegation of the actions, as he mentioned.
The mayor of Totana said that the car shows that "it was an action without ill will, and that it had a provisional character during the days that this awareness campaign was held in the municipality";
and noted that it was "a political maneuver to obtain profitability and create a sterile and absurd debate with which to erode the municipal government."
He reiterated that the complaint was only intended to wear down the mayor, the Councilor for Equality and the government team of the PSOE-Ganar IU;
and congratulated the mayor responsible for "your integrity" and the companions of the municipal government for "their support and understanding" during these months.
He also thanked and congratulated the Courts of Justice for the "speed" with which they have acted to clarify these facts that wanted to weaken the work of the mayor and the councilor, preventing him from presenting himself as a candidate for the upcoming municipal elections of the 26th. May, he added.
For her part, the Councilor for Equality regretted that this situation of "homophobia" was created and expressed her satisfaction at the fact that "common sense against intransigence and intolerance of extremism" prevailed;
and stressed that "we will maintain the firm commitment of the City Council and the municipal government to the Defense of the Rights of the LGTB Collective".
Eulalia Moreno reiterated that it was an "ideological quarrel", stressing that the initiative had "no act of bad faith but was simply a sensitization action";
and it shows that "there are still intolerant social groups regarding the diversity and sexual freedom of the people, who masked the complaint in a road safety problem that does not exist".
This initiative was framed within the actions of awareness and awareness of the Week for Respect and Equality of the LGTBI Collective that was held in Totana from June 18 to 29 with numerous awareness and cultural activities.
This was one of the most visible actions of the campaign that the City Council promoted from the Department of Equality and Defense of LGTBI Collective Rights to "promote equality of rights, freedoms and social recognition of LGTBI people and eradicate any discrimination "
The Week for Respect and Equality of the LGTBI Collective took place, for the third consecutive year, with the organization of numerous awareness and cultural activities, promoted by the Department of Equality and Defense of LGTBI Collective Rights, the Municipal Council of Equality and several social collectives of the Region of Murcia.
