Published on 26 July 2021

THIRD SECTION

Application no. 27926/21 Pablo FRAGOSO DACOSTA against Spain lodged on 14 May 2021 c ommunicated on 7 July 2021

SUBJECT MATTER OF THE CASE

The application concerns the applicant ’ s criminal conviction for insulting the State. He was ordered to pay a fine of 1 , 260 Euros. The applicant, during a demonstration concerning a labour conflict with the Armed Forces, near the military arsenal of Ferrol, said: “ aquí tedes o silencio da puta bandeira ” and “ hai que prenderlle lume á puta bandeira ” (in Galician originally), the translation of which is the following : “Here you have the silence of the fucking flag” and “The fucking flag must be burned”.

No additional relevant performances or actions took place.

QUESTION TO THE PARTIES

Has there been a violation of the applicant ’ s right to freedom of expression contrary to Article 10 of the Convention, taking into account , in particular, the specific circumstances in which the expressions were used, and the criminal penalty imposed?