A court in Girona will decide whether to uphold or annul the fine of 10,001 euros that the Generalitat de Catalunya imposed on Sílvia Orriols, leader of Aliança Catalana, for her statements on immigration in an 8TV debate. The hearing for the appeal was held this Thursday in the contentious-administrative section of the Girona court of instance.
The case involves two perspectives. The defense argues that sanctioning those words violates freedom of expression, ideological freedom, and political participation, while the Generalitat de Catalunya replies that this right has limits when it conflicts with other fundamental rights, in this case, religious freedom and the protection of the Muslim community.
The defense argued that Orriols had less public profile and that the program had a 1% audience share
Jordi Coma, Orriols' lawyer, requested the annulment of the sanction during the hearing. He based his appeal on the grounds that the statements cannot be punished without affecting, in his opinion, protected rights.
Furthermore, he placed the context at the time of the debate broadcast on May 29, 2022, on 8TV. At that time, he emphasized, Orriols was an opposition councilor in the Ripoll City Council for another party, had a lower public profile than she does now, and the program registered a 1% audience share.
Once in the courtroom, Orriols maintained her position. The leader of Aliança Catalana stated that she stands by the statements she made because they are in line with reality and added that her words are protected by freedom of expression and political representation.
"I stand by the statements I made because they are in line with reality" - Sílvia Orriols, leader of Aliança Catalana
The Generalitat argued that the sanction protects the religious freedom of the Muslim community
Against this argument, the lawyer for the Generalitat de Catalunya maintained during the hearing that freedom of expression does not operate without limits. He argued that it ceases to apply when it clashes with other fundamental rights.
In this context, the representation of the regional administration considered that Orriols' statements were harmful to the Muslim community and that they promoted racism. This was the core of the defense of the fine imposed by the Generalitat de Catalunya.
Outside the Girona Palace of Justice, Orriols once again criticized the Government's actions. She also said that they should not be ashamed and that they will fight to guarantee the free thought of Catalan citizens.
"What they don't know how to win within the parliamentary sphere through debate, they try to win through the courts" - Sílvia Orriols, leader of Aliança Catalana
The procedure has been seen for sentencing and the resolution issued by the court may be appealed before the TSJC.