Belgian Constitutional Court cancels delivery of Mallorcan rappers to Spain Joseph Mikel Arenas, Called Valtònyc, By overturning the Belgian law that punishes the king for injury. Valtònyc is Sentenced to two years in prison Advocate terrorism for the lyrics of his song (and crimes of threatening and insulting the royal family an extra year and a half). But he fled to Belgium in May 2018 to avoid imprisonment..
Within the framework of the euro order review for rappers, Rejected at the beginning, this Ghent Court of Appeal The discovery of the crime of insulting the king is also a typical feature of Belgian law, and delivery is permitted in principle. However, the judges decided a year ago to ask the Constitutional Court whether the norm dates back to 1847 and is compatible with freedom of speech.
Decision of the Belgian Constitutional Court Published This Thursday, and covered the cover of the country’s media.His conclusion is indeed The law of 1847 violated freedom of speech.
It has always been clear to me that I want to pose as meu cas in mans dels drets fonamentals in order to gain benefits. He hem suggested that the hem guanyat i Bèlgica eliminates the insult to the crown of the criminal code. Jo no vaig del capital però vosaltres no m’heu deixat sol. grace. pic.twitter.com/QHmlZ1hLFx
-JOSEP VALTÒNYC (@valtonyc) October 28, 2021
This sentence emphasizes the regulation and punishment of the monarch’s crimes Extraordinarily high fines (From six months to three years in prison). When these penalties are imposed on opinions expressed within the framework of political debates or debates on issues of general concern, in principle, they are contrary to freedom of speech.
In addition, the constitutional law condemned the law to protect the king’s reputation more broadly than others.According to the judge, the standard Not responding to urgent social needs and disproportionately Regarding the goal of protecting the king’s personal reputation.
Once informed of this ruling, the Ghent Court of Appeal plans to rule on Valtònyc Euroorder on November 23.Belgian judge has consulted European Court of Justice (CJEU) Regarding the crime of glorifying terrorism and The answer is consistent with the rapperAll of this makes it very likely that Belgium will again refuse to deliver to Spain.
Arrêt n ° 157/2021-L’article 1er de la loi du 6 avril 1847 «portant repression des offences envers le Roi» vio la liberté d’expressionhttps://t.co/jk2ffbLtMZ pic.twitter.com/5V7Yi5sTEK
-Belgian Constitutional Court (@ConstCourtBE) October 28, 2021
Valtònyc and his lawyers (same as those of the former Catalan President Carles Puigdemont) both celebrated the Belgian Constitutional Court’s ruling. “We did it. We won, Belgium removed the insult to the royal family from the criminal law“, the rapper wrote on his Twitter account.
“Victoria. The Constitutional Court abolished the offence of insulting the official by declaring a violation of freedom of speech. This is a historic step in our internal legal order in Belgium and good news for the Valtònyc extradition case,” said his lawyer Simon Bekaert.