A case will proceed this Friday before Pamplona’s third High Criminal Court, involving two women accused of humiliating two men at a restaurant. The indictment notes that on January 6, 2021, the local prosecutor from Cizur Menor requested prison terms of one year and nine months for each defendant. The proceedings are part of a broader effort to address acts that target individuals for their sexual orientation and to uphold the rights guaranteed to all residents and visitors in Spain.
According to the indictment filed on Three Kings Day in 2021, the two men entered the establishment and took seats beside the defendants who were present at a nearby table. The indictment claims the two patrons were already disturbing other diners in the dining room. The document describes moments when the relationship between the parties became visibly tense, highlighting that one of the men stood to kiss his partner, at which point one of the defendants allegedly directed a hostile remark toward the couple.
Despite the initial insult, the victims continued their meal, choosing not to engage further. As the meal progressed, the prosecutor contends that the voices raised by the defendants impeded the ability of other diners to converse at a normal volume. Affected by the disruption, one of the men asked the women to lower their voices so the dining room could be more comfortable for everyone present.
The document asserts that the defendants did not desist from their harmful comments and continued to demean the male couple on multiple occasions. The proximity of the incident to a public dining space allegedly amplified the impact on the victims and on bystanders.
The prosecutor maintains that one of the men suffered a perceived attack on his honor as a result of the ongoing conduct, which occurred in front of other people in the restaurant. The sequence of humiliating statements and public disclosures, the indictment argues, caused emotional distress for the complainants as they attempted to continue their meal. The prosecution notes that, despite the patrons’ attempts to stay calm, the language used by the defendants persisted and remained explicit throughout the encounter.
According to the indictment, establishment staff repeatedly asked the defendants to leave, but their requests were ignored. It was not until a public security patrol from the Foral Police arrived that the defendants vacated the venue. The incident is framed as a confrontation that took place in a busy dining room and drew attention from other customers and staff alike.
Nature of cases and punishments
The Prosecutor views these facts as an offense involving fundamental rights and public freedoms. The office therefore seeks penalties for each defendant, including one year and nine months in prison and a daily fine of eight euros for ten months. The proposed sentence reflects the seriousness with which the authorities treat acts that demean or humiliate people based on sexual orientation in a public setting.
In addition to the prison term and fines, the prosecutor seeks measures addressing the possibility of deportation from the national territory and a seven-year ban on entry to Spain should the defendants be in an irregular situation within the country. The approach illustrates how authorities may combine criminal penalties with immigration or border controls when relevant to the case.
The prosecutor also requests that if deportation is chosen, the individuals be placed in custody during the deportation process, with enforcement moving forward as quickly as possible and within thirty days if feasible. This reflects the emphasis placed on timely resolution of cases involving serious offenses that affect public order and the safety and dignity of individuals in public spaces.