«ESCRACHES», RIGHT OF ASSEMBLY AND CRIMINALIZATION OF SOCIAL PROTEST

Abstract

This paper deals with escraches (“exposure” denunciation) as a clear exponent of the increasing tensions that take place in times of crisis around the right of assembly and demonstration. On the basis of this example, this study proposes to reflect on the role that should be given to this fundamental right —as a variant of freedom of speech— in a democratic society. With this aim, court decisions and discourses concerning escraches are analysed in light of the case-law of Spanish Constitutional Court and the European Court of Human Rights. On that basis, risks regarding dissolution of assembly right and regarding also criminalization of social protest are highlighted. Such fears, particularly under conditions of crisis, and according to historical and comparative law background, should not be considered unsubstantiated at all. Evidence of that can be found in the draft reform of the Penal Code from 2013. Last part of this work focuses on the study of this issue.