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The judge of Court number 5 of Sant Feliu de Llobregat, near Barcelona, has summonsed the Catalan journalists Toni Soler and Jair Domínguez to testify as persons under investigation on October 27th, accused of mocking the Virgin of El Rocío in a satirical sketch during Easter, as reported by the newspaper El Mundo and confirmed by ElNacional.cat this Wednesday. The actor Judit Martín, who played the character of the iconic Catholic figure, has also been cited to appear as under investigation. The Spanish foundation Abogados Cristianos filed a complaint for defamation against those responsible for the content of the programme Està Passant on the Catalan public broadcaster TV3. In the resolution, the judge also agreed to the Spanish foundation's paying a 1,000 euro sum to the court in order to conduct a private prosecution in the case.

The complaint states that, in the sketch that was broadcast, the female actor who played the virgin, Judit Martín, "flirted with one of the directors of the programme, going so far as to blow him a kiss and exclaim 'handsome!' and asked: 'Are you lights green?' and 'And you? You're more mature, but I can put up with anything, eh?'" Martín's character in the sketch also affirmed: "I'm hotter than the pole of a churro kitchen".

Case opened

In a short court resolution, the judge states that the facts as reported could be interpreted as a crime against the Spanish Constitution, and that to clarify this, she has summonsed the two journalists as persons under investigation to appear with a lawyer, on October 27th.

But in response, the journalist and screenwriter Jair Dominguez asserted this Wednesday that he will not appear voluntarily to testify before the judge of Sant Feliu de Llobregat in the investigation over the Virgin of El Rocío sketch on TV3's Està Passant. In a tweet, the comedian asserted that in order to make the court appearance he will have to be taken in a police car - in other words, arrested - because "he does not plan to use the petrol to go and testify".

Complaints body: "freedom of expression"

The joke was heavily criticised by Spanish politicians. However, the Audiovisual Council of Catalonia (CAC) concluded that this satire of the Virgin of El Rocío "does not violate any audiovisual regulations", after analyzing it following the complaints presented. The audiovisual body argued that the sketch was "within the framework of the exercise of freedom of expression". However, the report did point out that the expressions used could be "unfortunate and even hurtful, especially for people who profess the Catholic faith", but that it is "an expression of the free opinion of ideas, beliefs or value judgments".

Juanma Moreno (PP), president of the Andalusia autonomous community, was one of those who alleged the sketch to be in poor taste, as well as retweeting it, when it was first broadcast at Easter this year:

Translation of tweet:
"Humour is one of the hallmarks of our land, but to be funny it has to be done with respect and affection. It is a lack of respect for Andalusia, and thousands of Andalusians and their traditions. I hope that they are better at asking for forgiveness."— Juanma Moreno