The Provincial Court of Lugo has ordered that the investigation be reopened on the eight dozen women who were recorded with a hidden camera while urinating in an alley of Cervo, in Lugo, during the celebration of the feast of The Maruxaina in the summer of 2019.
The magistrates concluded in a car notified this Thursday that “the privacy of a group of women” was compromised, for which it decrees that an investigation be carried out “on who and how made the recordings.”
The Chamber has therefore revoked the decision to archive the case adopted by the magistrate of the Court of Instruction number 1 of Viveiro. At the end of September the judge investigating the case reiterated his decision to dismiss the complaint. He considered that there was no crime for the recording of the videos in the middle of the street and the subsequent uploading of some to pornographic web pages.
Faced with the decision of this court, the provincial high court understands that, as a minimum, the procedures requested by the Public Prosecutor and two of the complainants must be carried out “to determine the specific place and the way in which the recording items “. However, it urges to promote “as many investigative procedures as the instructor deems appropriate in order to complete the investigation of the facts.”
The order released this Thursday, “in principle and without prejudice to what can be justified in the course of the investigation”, considers that the elements that were used for the recordings were placed in “insidious” places to avoid being discovered. For this reason, the magistrates point out that the investigation should establish “if it was a secluded or reserved place”, since “apparently, and in the absence of further details”, it is “out of the sight of outsiders.”
The judges also assure that, in principle, “whoever acted by placing the recording elements knew that it was a reserved place and that it had already been used in previous years to be able to urinate women without being in the sight of third parties “.
Finally, the Chamber emphasizes that the concept of privacy cannot be limited to the domestic or private sphere, and notes that the Constitutional Court “expressly declares that the scope of coverage of this fundamental right is determined by the existence of a reasonable expectation of privacy.”
Thus, for example, it establishes that when a person is in an inaccessible place or in a lonely place due to the time of day “he can behave with full spontaneity, in the trust founded of the absence of observers”.