When in Spain... keep your mouth shut

El Cid is turning in his grave right now. 

From Life Site,

Mon Oct 6, 2025 - 10:05 am EDT

(LifeSiteNews) — Sentencing for a Spanish priest who this past week was found guilty of making “Islamophobic” comments more than seven years ago has Catholics as well as free speech advocates concerned.

In February, Father Custodio Ballester was summoned by a regional court in Spain to respond to charges that he had committed a “hate crime” for calling attention to the unjust treatment Christians receive in Islamic majority countries.

Ballester, who serves as a parish priest in Barcelona, was charged with violating Spanish law in 2020 when the state prosecutor in Catalonia claimed that an article Ballester wrote in 2016 titled “The Impossible Dialogue with Islam” met the criteria of a “hate crime.”

Ballester wrote his essay in response to a pastoral letter by his superior, the archbishop of Barcelona, Cardinal Juan José Omella, titled “The Necessary Dialogue with Islam.” In his rebuttal, Ballester wrote: “This new reactivation of Christian-Muslim dialogue, paralyzed by the alleged ‘imprudences’ on the part of the late Pope Benedict XVI, is very far from becoming a reality. Islam does not allow dialogue. For Islam, either you believe, or you are an infidel who must be subdued one way or another.”

Ballester has also previously made remarks critical of LGBT ideology.

Ballester’s case involves Father Jesús Calvo and journalist Armando Robles. They had been accused of making “Islamophobic” remarks on a 2017 podcast by the Association of Spanish Muslims Against Islamophobia. The Málaga Provincial Court handed down its ruling earlier this week.

Ballester told Catholic News Agency that his statements “have never been discriminatory or hateful.” He also said, “they want to use me as an example so that others censor themselves.”

Violating Spain’s hate crime law carries a penalty of anywhere from one to four years in prison with additional financial penalties. Ballester says that he expects his sentencing may be delayed due to political pressure, and that he will appeal to the European Court of Human Rights if he is sentenced with jail time.

Several dozen supporters held signs at the courthouse when the decision was handed down. Law firm Abogados Cristiano has collected nearly 30,000 signatures on a petition supporting Ballester’s innocence. Clergy in Spain have largely remained silent, however. CNA reports that Cardinal Omella “has only offered private words of support, without issuing a public statement.”

“People are very angry about the excessive sentences being sought for ‘hate crimes,’ which are comparable to those sought for sexual assault or leaving someone paralyzed in a fight,” Ballester told CNA.

In an update received today, the pair were acquitted, but read some of the language in the ruling as translated for CNA, the Catholic News Agency,

Two priests and a journalist who were tried for criticizing radical Islam have been acquitted by the Provincial Court of Malaga in Spain. 

The priests, Custodio Ballester and Jesús Calvo, along with the director of a digital media outlet, Armando Robles, were accused of committing hate crimes on a talk show in 2017.

The public prosecutor’s office had requested a four-year prison sentence for Robles along with a 10-year ban from teaching and a 3,000-euro ($3,500) fine. In the case of the priests, the prosecutor sought a three-year sentence.

According to Europa Press, the ruling, after verifying that the defendants had not retracted their words and writings, which were treated as proven facts, focused its analysis on whether the spoken and written words were crimes. 

Specifically, the court determined whether the men’s statements criticizing radical Islam qualified as hate crimes under the law or were merely protected instances of freedom of expression.

The court determined that the elements of a hate crime were not present, “no matter how despicable and perverse the message” or how “clearly offensive” or “unfortunate” the statements.

“Not only is there speech protected by freedom of expression, but we could even accept that there is intolerant speech that also exists within the scope of freedom of expression, even though it may be offensive, not only to the group or person to whom it is directed but even to the person listening to it,” the ruling stated.

Regarding Ballester’s statement, the court determined that “no matter how despicable and perverse the message or its author may be, if it is not accompanied by a clear and manifest promotion of hatred toward one of the groups protected by [the existence of] such a crime,” it is not criminal.

In the case of Calvo, the court noted that his statements “could well be classified, at least in large part, as delirious,” in the sense of “a verifiable reality resulting from the delirious ideas and psychological ailments suffered by the accused.”

In 2017, the Association of Muslims Against Islamophobia filed a complaint with the Special Service for Hate Crimes and Discrimination of the Barcelona prosecutor’s office. The petition requested an investigation into comments made by the three men during a television talk show.

Since the program in question was located in Málaga, the case was transferred to that province. There, prosecutor María Teresa Verdugo not only evaluated the comments made during the discussion but also considered an article published in 2016 by Ballester. The text, titled “The Impossible Dialogue with Islam,” was written in response to a pastoral letter from the then-archbishop of Barcelona, ​​Cardinal Juan José Omella, titled “The Necessary Dialogue with Islam.”

The trial, initially scheduled for September 2024, had to be postponed because Ballester’s lawyer had another trial that took priority. The hearing was ultimately rescheduled for Oct. 1 of this year.

In a statement to ACI Prensa, CNA’s Spanish-language news partner, shortly before the trial, Ballester said he felt at peace: “As Jesus Christ says, they will take us to the synagogue and the courts, and there the Holy Spirit will give us wisdom that our adversaries cannot counteract.”

This story was first published by ACI Prensa, CNA’s Spanish-language news partner. It has been translated and adapted by CNA. 

 Acquitted, but defamed and called lunatics by the court.