Equality Ministry seeks assessment of young gay man's death in Alicante as hate crime
A 27-year-old man died following a fight at a tram stop in Alicante. The Equality Ministry has asked the Public Prosecutor to assess whether the case constitutes a homophobic hate crime.
Death of young gay man in Alicante opens debate on possible hate crime
A 27-year-old man named Miguel died as a result of a cranioencephalic trauma suffered during a fight at the TRAM stop at Campo de Golf, in the San Juan beach area of Alicante, in the early hours of last Thursday, around 5.20am. According to elpais.com, the Equality Ministry requested on Wednesday that the Public Prosecutor assess whether Miguel's death should be investigated as a hate crime, considering that "there is concern that this assault may have possible homophobic motivation".
The other person involved in the fight, a 22-year-old man, was detained by the National Police, who attended the scene along with health services. The Information and Emergency Coordination Centre (CICU) of the Valencian Community received the alert at 5.37am. A unit from SAMU and another from Basic Life Support (SVB) were dispatched to the location. According to CICU sources, Miguel "went into cardiorespiratory arrest" during treatment. SAMU personnel managed to temporarily revive him through cardiopulmonary resuscitation manoeuvres, but the young man died hours after being admitted to Doctor Balmis Hospital in Alicante.
According to the local newspaper Información, the detainee initially stated that the confrontation occurred because he refused to have an intimate encounter with the victim. This version led the Alicante Entiende association to request that the investigation should consider the hypothesis of homicide with homophobic motivation, as Miguel was gay.
The Equality Ministry acts and cites the Penal Code
That request triggered the official letter sent by the Equality Ministry to the Public Prosecutor. The document is signed by Julio Valle, Director General for Real and Effective Equality for LGBTQI+ persons, who cites article 22.4 of the Penal Code, which establishes as an aggravating circumstance of criminal liability "committing the offence for racist, antisemitic, anti-Romani or other discriminatory reasons relating to the victim's ideology, religion or beliefs, ethnicity, race or nation, their sex, age, sexual or gender orientation or identity, gender-based reasons, aporophobia or social exclusion, the illness they suffer or their disability".
Freedom with precautionary measures for the investigated person
On Saturday 15, after taking a statement from the detainee, the judge of the sixth instruction court in Alicante, acting as duty judge, ordered his "freedom with precautionary measures of passport withdrawal, prohibition from leaving national territory and periodic appearance before the court", according to sources from the Superior Court of Justice (TSJ). The magistrate considered that "the requirements for adopting a more severe precautionary measure, such as provisional imprisonment, do not apply", given that he found no risk of flight as the investigated person had ties to the territory. The detainee remains under investigation for possible homicide, without an aggravating factor for hate crime at this time. Sources close to the investigation consulted by elpais.com also indicate that the National Police do not perceive any signs of homophobia.
The LGBTQI+ association convenes and then suspends a gathering
Alicante Entiende, an association that defends the rights of the LGBTQI+ community, issued a statement in which it expressed concern about the possibility that "the victim's sexual orientation and the circumstances of the assault do not receive the consideration they deserve". The organisation requested that "hate crimes based on sexual orientation be investigated and tried with all guarantees" and called for a gathering in front of the Benalúa courts.
However, the alleged aggressor's lawyer, José Manuel Yepes, denied homophobic motivation in a subsequent statement. He stated that the version circulated "does not correspond either to the reality of what happened, nor to what is recorded in the proceedings, nor to the judicial ruling itself". He added that his client "belongs to the LGBTQI+ collective, has suffered rejection and bullying since his childhood and youth precisely because of his sexual orientation and participates in the fight against any form of homophobia".
These statements led Alicante Entiende to cancel the gathering. Its coordinator, José Ramón Samper, told elpais.com that they are trying to "confirm and verify, in an official manner, that the alleged aggressor is homosexual". According to reports, a gathering organised by relatives and friends of Miguel, in his memory, will be held in Alicante Town Hall Square on Thursday at 8pm.
Political repercussions: Compromís demands clarity in the investigation
The case has also generated reactions in the political sphere. Compromís has called for "transparency, speed and clarity" in the investigation and considers it "essential" that this allows "determining rigorously what happened and whether there is an LGBTIQphobic hate crime behind the assault". The regional deputy Francesc Roig, spokesperson for LGBTQI+ Equality for the party, demands that "speculation" be halted with an investigation that is "clear, fair and honest", arguing that "anything else will imply a lack of respect" for Miguel's memory. The Equality Ministry includes these political repercussions in its own letter to the Public Prosecutor.
Source: Google News PR — San Juan