Sabadell’s Court of Investigation No. 5 has provisionally archived the judicial process filed for the dissemination of a video of her giving blowjobs to a young man on the dance floor of this town’s Waka nightclub. If the Twitter company Twitter, which had to report the accounts of 40 unidentified people who spread the recording in January, takes time to respond, the dismissal is a technical matter, as the decision was made to prevent the crime from ending and the facts cannot be investigated. . Eventually, if the perpetrators of the allegedly criminal acts are identified, the case will be reopened. The court has decided to remove the technology company that removed the videos for now.
After reviewing Mossos d’Esquadra’s reports, the court ordered Twitter to report about 40 accounts of “unknown persons” who “spread” the “exposed sexually explicit” video on this network “without their knowledge or consent” among complainants. As El Mundo progressed and confirmed by EL PERIÓDICO from the Prensa Ibérica group. He also asked for the data of two people who first posted the images and contributed to its dissemination on this social network. The minor’s video was widely broadcast through this social network, with some users offering to share it to gain new followers. Spreading the footage is a crime, even though she is a minor and the girl is in a public place.
The Court considers that this request for this data prioritizes the importance of the users’ right to privacy of their actions “because its usefulness for the purposes of the investigation is obvious and there is no other way to continue the investigation of the alleged perpetrators”. “. The decision emphasizes that “once they have been identified, it does not amount to such an interference with their fundamental rights and motivates their refusal,” as it is “not intended to access any private content of the communication, but only to detect The identities of persons retweeting through the various Twitter profiles reviewed, but without direct interference with any communication or message that may violate their privacy beyond what is strictly necessary for the purposes of the investigation”.
Anonymity and impunity
“Otherwise, the ease, convenience and above all anonymity implied by the use of these technological tools will lead to impunity for the perpetrator of the crimes, and this justifies their adoption in a given situation, as the measure is proportionate, as stated earlier, and is necessary. “, the court argues.
On the other hand, action must be taken upon the complaint of the mother and father of the minor, who confirmed before the judge that he was sexually assaulted at the disco that night. In a police report submitted to the court a few weeks ago, Mossos ruled out the possibility of a possible sexual assault after reviewing the facility’s security cameras, interviewing witnesses and reviewing the minor’s medical reports. “It’s a sexual assault,” the girl’s father said in her days.
The family suspects that the minor is under the influence of a drug and as a result is unaware of what he is doing. The mother agreed with the father, explaining that her daughter “does not remember anything” about the incident. According to the minor boy’s family, he began to feel unwell after ordering a drink at the bar and was “unconscious” at the time of the events.