Portal de Murcia
www.portaldemurcia.com
A resolution of the Murcia Provincial Court confirmed the legality of the installation of a recording camera in the locker of a Cape Beniaján Barracks in May 2006.
At that time the Cape denounced attacks on its box office and installed a camera to check the facts.
After recording, Cape officials reported six Beniaján barracks theft.
Subsequently, agents have been accused of a crime of coercion.
The officials denounced the illegality of the installation of a camera saying he had no judicial authority and that threatens their privacy, and the magistrate No. 2 in Murcia upheld the legality of installing the camera.
The agents appealed to the Provincial Court, who issued a resolution stating that "it is undisputed that the extent of installing a camera to capture images in a dressing room was no justification to exempt as evidence of the commission be of serious irregularities and illegal transgressions functionary valuable benefits, so that the installation was revealed suitable for the intended purpose (check who or who perpetrate such acts and take appropriate action), and also necessary (since the recording was used as test such incidents) and balanced (as it concentrated on a very limited area) ... so it ruled that any injury occurred to the right to privacy enshrined in article 18.1 CE.
The resolution adds that "the privacy of applicants is not attacked by the very act of filming a fraction of an object (top of a locker) which is a tiny portion of all that room."
The measure, "not arbitrary nor capricious, nor is it intended to disclose behaviors but oriented to obtain a clarification of obscure facts and thorough knowledge of their circumstances."
Likewise, the resolution states: "There appears to have been attacked or slighted the personal privacy of the appellants, being a still picture, no sound or audio, exclusive and selectively directed to the locker Cape, who gave express consent to the installation of a camera, being located next to the door of the locker room, capture images that no one can feel their privacy disturbed. "
According to the order of the Provincial Court, "Through the images are seen shaking, shaking, pouring, moving and handling of the lock of a locker, or simply transit into the locker room."
The Cape complaint was made after installing the camera, the resolution states that "can not ignore that the victim claimed Cabo enduring conflicts that come back to May 2006, and was aware that nothing could bring adveraci before filming.
This explains why the complaint is made after. "
In addition, the six officers refused to testify before the court in December 2006 and resolution it is stated that "criticism extends contesting the fact of not having taken statements from each of the appellants as charged by a crime of coercion ... No one appreciates helplessness in those who have known the facts alleged against him and testify about them. "
Against this resolution can not stand any ordinary appeal.
Source: Ayuntamiento de Murcia
Privacy policy
- Legal notice
- Cookies