Google questions the right to forget the man who processed Miguel Hernández

On January 18, 1940, the Permanent War Council number 5 sentenced Miguel Hernández to death for a crime of "adherence to rebellion". The poet, between burea

Google questions the right to forget the man who processed Miguel Hernández

On January 18, 1940, the Permanent War Council number 5 sentenced Miguel Hernández to death for a crime of "adherence to rebellion". The poet, between bureaucratic errors and the intervention of some friends of the national side, managed to dodge such a bliss and his sentence was commuted to 30 years in prison. However, the destiny is capricious and the Moiras had already in their hands the thread of his life. The Alicante would die in prison in 1942 of "pulmonary Fime".

Almost 80 years later, the court who condemned him to death continues to talk about. Specifically, a name, Antonio Luis Baena Stump, the Judicial Secretary of the Process, whose participation has led his son, JFBG, to face Google at the national audience to exercise the right to forget his father and ask them to erase his name of Internet.

LOC has tried to get in touch with him, but he has not responded to the writings of this supplement. Google, for its part, explains that they can not talk about particular cases and less than this, which is still in progress. Yes, they refer to their policy on the right to oblivion, in which they point out, among other factors, that it can not appeal to him when "there is a public interest".

The facts that have led to this retired official to fight against the Internet magnate go back to 2019. That year, Juan A. Ríos Catalarrá, professor at the University of Alicante, published an article entitled El Diego San José case and the Humorist judge . In it, it listed Antonio Luis Baena stump into terms that, indirectly, did among those responsible for the condemnation to the poet: "His goal was the search for 'crimes', which aggravates with comments whose consequences could be a death sentence". In another article, he went further, defining him as a "tenebrous memory helper" "always willing to ask for the maximum sentence."

These words provoked a request from his son to the University of Alicante to eliminate the name of Baena Stump of the texts, something to which the institution agreed at first. The decision brought the fury of rivers and, here, everything erupted. His protest caused a great commune, to the point that the name of Luis Baena Stump ended up becoming Trending TopicCon messages that accused the father of being the murderer of Miguel Hernández. He even decided to pronounce the United Left Account of Madrid, who wrote: "For the right to historical memory: Antonio Luis Baena Stump was the secretary of the Council of War who condemned Miguel Hernández to death."

"This is what is known as the Streisand phenomenon," says Loc Samuel Parra, a jurist specialized in data protection. "The name comes from the actress Barbra Streisand, who, when trying to withdraw some photos from one magazine, she ended up generating such interest, that the images ended on all sides," he says. The same happened with the name of Baena Stump.

After media noise, the University published the secretary's data again. The son of him, then, denounced before the Spanish Data Protection Agency (AEPD), urging Google to unintend the name of his father from the links in which he appeared. In its resolution, consulted by LOC, Google argues that the claimant's claim "lacks the basis" and defends the right to publication of information "of relevance and public interest and unquestionable".

"We must start from that no right is absolute and is above others. That is, we can be entitled to oblivion, but there may be other rights that come into suppression and there is one that is that it is what is called Weighting of rights. In this case, Google pretends to offer information ", diluting parra.

The AEPD also bought this argument and failed in favor of Google. The son of Baena Stump decided then to take the case to the courts, where he lost the first battle. The Court of the Contentious-Administrative 3 of Alicante denied the right to oblivion of the Secretary, also endorse the right to "freedom of expression and information", although it does admit that "there are inaccuracies" in river publications. "We can see that neither the investigating judge nor who acted as secretary of the same (...) were those who asked for death sentence for Miguel Hernández." Even so, it considers "circumstantial errors that do not affect the essence of the informed" are admitted ".

We return here at the beginning. Willing not surrender, Baena Stump's son has taken the resolution of the AEPD to the national audience. If he fails in favor of him, Google will have to stop directing the name of his father to the webs where he appears. In addition, according to, a new demand against rivers and other institutions has also presented in the Court of First Instance. In this case, he requests 11.5 million for the alleged intrusion to honor.

Updated Date: 09 October 2021, 10:11

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