The keys to the closure of the trial in Bizkaia
- Requests for prison: The Prosecutor’s Office and private prosecution maintain the request for three years in prison for ten of the accused for a crime of injury aggravated by hate.
- Defense denialism: The aggressors’ lawyers try to reduce the facts to “minor injuries” and separate the victim’s psychiatric admissions from the beating.
- Co-authorship and aggravating circumstance: The accusation emphasizes that, although each individual kick is not identified, everyone is responsible for acting as an aggressor group under the principle of co-authorship.
The trial for the brutal homophobic attack in Basauri that occurred in 2021 has been heard for sentencing at the Provincial Court of Bizkaia. In a day marked by tension, the defenses of the eleven accused have requested acquittal, maintaining an argument that insults the dignity of the group: that shouting “fucking faggot” while kicking a person does not constitute a hate crime, but rather responds to an “uncontrolled emotional reaction” in the context of a bottle.
A story of terror and indelible consequences
The victim, who was 23 years old when he was attacked, has recounted how that group pounced on him shouting “I’m going to infect you” and “you make me sick”. After being hit from behind and left unconscious on the ground, the attackers continued kicking him shouting “this is what happens to you because you’re a fucking faggot”. His ex-partner, who had to cover him with her own body to save his life, confirmed that the attackers were perfectly aware of his sexual orientation, dismantling the theory of a “casual fight.”
The cynicism of the defense: “They have homosexual friends”
In a desperate attempt to avoid the aggravation of hate, the defendants have resorted to the cliché of “we are not homophobic, we have gay friends”. Their defenses have gone so far as to describe the aggressors as “somewhat kaffir or crude”, but not hate criminals, alleging that the term “faggot” has no criminal meaning in this case. Faced with this, the prosecution has been blunt: the intention of harming due to sexual orientation is “obvious and evident”.
The precedent of the Samuel Luiz case
The victim’s lawyer has recalled the tragic murder of Samuel Luiz to illustrate the danger of these group attacks where the victim lacks any possibility of defense. “In the 21st century, kicking a person for their sexual orientation is something that cannot happen,” he said. While the defense proposes a paltry compensation of 530 euros, the prosecution raises the figure to 12,500 euros for the physical damage and serious psychological consequences, which include several suicide attempts by the attacked young man.
