The defences of the accused plead for their acquittal based in the fact that there is no evidence or proof that to show the “incitement to hatred” or the illegal possession of weapons.
For these two crimes the public prosecution and the private prosecution, represented by the leftwing association “Movement Against Intolerance”, pleaded for sentences ranging from four and five years in prison, except for one accused that was only accused of selling weapons, for whom only two years were requested as he collaborated with the police.
The ten defence lawyers have pointed out to the court that their clients had no criminal record, did not promote racism, and those who have weapons in their homes was only because they were former soldiers or worked in security companies.
There is no “objective data" or "evidence" showing that "B & H" inciting hatred or that their leaders recruit minors, or that they contacted with international anti-Semitic groups, argued in their conclusions.
All police investigation is focused in a concert made in the disco "Taj Mahal" of Talamanca del Jarama (Madrid), the 12th of February of 2005 , were the police the next morning supposedly founded a box, among other material, with illegal weapons, but it is not proved that those weapons were of them, or that any weapons was sold during the concert, as no agent entered in the disco during the concert.
In the first official police statement of the inspection of the disco there is no detail of the type and quantity of the objects founded, so there is no certainty about the material analyzed by the police. Also, the cds, books sold and also bands that played were not illegal.
About the illegal weapons that some members of the group had, like Co2 sprays, extending batons, tasers brass knuckles etc.., one of the accused declared that he bought all this material legally in a shop, and he had the receipts. He said he was a “mere intermediary between a store and members of the security sector that made him wholesale orders to get a better price, like did the president of the Cultural Association, that works in this sector, for his workmates”
In the facts, the Section reports that in December 1999 two of the accused formed the Association 'Blood and Honour' aimed by "the conservation of European culture and the promotion of youth activism to support that end."
But in reality it was the Spanish faction of an association of the same name created in the United Kingdom in 1987, taking its name 'Blood and Honour' of the magazine created by Ian Stuart Donaldson, included within the National Socialist Skinhead movement.
Along with the statutes registered in the Ministry of Interior, the organization drew up another for the organization 'Blood and Honor NS Skinhead' in stating that this division was together with the divisions of other nations in the undying fight for Europe and National Socialism.
According to the sentence, the association was from the beginning hierarchically structured and hac clear leaders. The association was defrayed by paying monthly fees for the members selling all kinds of neo-Nazi paraphernalia and concerts of groups of RAC music (Rock Anti Communist). The actions fulfilled two purposes: to serve the purposes of the organization and spread the ideology through the lyrics.
The court ordered the dissolution of the association 'Blood and Honour Spain' as they consider that their aims were to promote violence and hatred against certain groups considered inferior, and to spread the Nazi ideology to recover the Europe of Adolf Hitler.
According to the court, they not only to propagated the Nazi ideology of who was their absolute leader Adolf Hiller, but also deployed "a whole systematic and planned activity" under the disguise of an anti-globalization and intellectual artistic discourse that "seeks to glorify the executioners and justify their deeds."
The supposed leader of the organization has been condemned to 2 years of prison for being leader of an illegal organization, 1 year for possession of illegal weapons, and a penalty of 2.160 euros.
His brother has been condemned to 2 years of prison for being leader of an illegal organization, and a penalty of 2.160 euros.
Other member of the organization has been condemned to 2 years of prison for being leader of an illegal organization, 1 year and 6 months for illegal possession of fire weapons, and a penalty of 2.160 euros.
11 members of the organization have been condemned to 1 year of prison for being members of an illegal organization, and a penalty of 2.160 euros
Three of the accused have been absolved of the charges of an illegal organization and of possession of illegal weapons.
All the penalties together sum up 30.240 euros, and they will have to pay also the expenses of the trial.
The sentence could be appealed in the High Spanish court, and one of the private prosecutors, a leftist ONG against intolerance said that they will appeal the sentence as they consider it “not to hard enough”
Freedom for all the Nationalists!!