The City of Malaga has been sentenced to pay 16,338 euros to a man whom some agents of the local police photographed while defining on public roads, some images that public officials then disseminated via WhatsApp. The Andalusian Advisory Council has considered that the Consistory is “patrimonial responsible” for the “direct, voluntary and negligent” action of the police in service. The victim’s mental health worsened and was low six months. The man felt “anger and humiliation” because his surroundings and co -workers received photographs in their mobiles, according to the opinion made public by the Council.
The events date back to December 1, 2022. At 4.43 hours, a patrol of the Local Police stopped the driver of a vehicle that had jumped a traffic light in red. He was also subjected to breathalyzer control. He felt indisposed and requested permission to defecate, at the time that the agents took the opportunity to take some photographs, in which the “half -naked” man is seen doing their needs. The police spread that graphic material through WhatsApp and reached some coworkers of the victim. This had a lot of impact on his employment situation because, he explained, he saw “how the colleagues mocked and mocked the photos of one another”, according to the opinion of the Andalusia Advisory Council advanced on the afternoon of Tuesday by SOUTH. At the end of the month, on December 30, 2022, the driver denounced the facts before the Police police station.
The Human Resources area of the police force decided to open disciplinary file to the agents, both to the two that were in the citizen’s complaint and a third party that was also involved. The facts were considered proven and each received a 15 -day sanction of suspension of functions as authors of a serious offense. The text emphasizes that the police action also committed two fundamental rights of man: the protection of personal data and the right to the image itself. He also points out that “the mood of mockery” that led the agents to take the images and spread them caused “jocular comments” and that this meant a “unique suffering of the claimant.”
In fact, the victim began to have problems derived from the dissemination of the images. A report from the Regional Hospital of Malaga – made on June 5, 2023 – indicates that the man had already been treated in the previous summer by an anxiety box that had suffered for two years, but that the situation had gone worse after what happened. He said that it was his main source of discomfort and began a decline just after filing the complaint, on January 1, 2023, without receiving registration until June 29. The health document stresses that “there is a direct relationship between the imbalance of the patient’s mental state and the event reported” because the event had acted “as a trigger and aggravator of the mental state.”
Moral damage and damages caused to the male are, for the Andalusian Advisory Council, the Public Administration’s Patrimonial Responsibility, in this case the Malaga City Council because the agents are officials. Especially since “the direct, voluntary and negligent action” of the police occurred while “performed the functions that are their own” and were on duty. “The factual story reveals that the agents act in the exercise of their authority while one of them photographs the claimant during an intimate act without justification, guided by a mere Animus iocandito which the subsequent dissemination of photography follows, ”says the text, which insists that the behavior“ deserves to be qualified as serious or very serious ”because if they had not taken the images, its diffusion would not have been possible. For all this, the resolution of the claim of compensation by the driver, estimated at 16,338 would not have been favorably possible.
For more updates, visit our homepage: NewsTimesWire
