Freedom of speech and religion at stake in Spain: priest faces prosecution for criticizing radical Islam

Father Custodio Ballester now risks up to three years in prison and fines after a court in Málaga found him guilty this week of making statements deemed “Islamophobic” in a published interview and writings.

Freedom of speech and religion at stake in Spain: priest faces prosecution for criticizing radical Islam
David Ramírez ARABA PRESS

Speaking to CNA, Ballester warned that the verdict will determine whether freedom of expression still matters in Spain. “The survival of freedom of expression in today’s Spain depends on the ruling in this case. Otherwise, we’ll be headed toward a new Cuban dictatorship,” he said, adding that opponents would go further and prosecute thought itself.

The charges and accusations

Ballester, joined in the case by priest Jesús Calvo and journalist Armando Robles, faced complaints filed by the Association of Spanish Muslims Against Islamophobia under Spain’s socialist government. The proceedings were heard on October 1 at Málaga’s Provincial Court.

He maintains his statements were never “discriminatory or hateful.” The contested remarks date back to a 2017 interview on the online show La Ratonera and earlier written work.

After the hearing, Ballester said he remained calm and awaited the decision. “This is the final hearing,” he remarked.

The broader debate over hate laws and free speech

Supporters of Ballester argue that the case reveals how “hate crime” laws are being weaponized to stifle religious critique. Ballester himself has called the law a “blank check” — vague, unevenly enforced, and often deployed only against Christian voices.

He has criticized what he claims is selective prosecution against Christians while similar statements by Muslims go unchallenged. He also notes his public defense of Catholic doctrine on issues like abortion and homosexuality as additional grounds for hostility.

Public support and next steps

A public advocacy group, Abogados Cristianos, has gathered over 28,000 signatures demanding his acquittal. Outside the Málaga courthouse, supporters held signs calling for his exoneration and collected further petitions.

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Prominent groups including HazteOir, the Observatory for Religious Freedom and Conscience, and the Spanish Institute for Social Policy have added their voices in protest.

Ballester says that if sentenced, he plans to appeal to the European Court of Human Rights. He also cautions that the harsh penalties sought — which are comparable to those for serious physical crimes — reflect excessive political interference.

The Spanish Observatory for Religious Freedom and Conscience has demanded protection for clerics, contending that Father Ballester is targeted simply for “warning … about the threat of radical jihadism.”