Twitter user allegedly "instigated a crime" against President Rafael Correa28 de mayo de 2013 13:23
Today Twitter user Danny Ayala says he was served notice that Ecuadors president, Rafael Correa, has pressed charges against him, allegedly for inciting a crime.
Ayala, who uses the handles @DayalaEC and @Ciencia1com on the social networking site, tweeted today at 8:30 a.m. that four men without identification were at his door in Quito, claiming to be Nacional Police. At 10 a.m, he tweeted hed been served papers announcing that he was under investigation for the crime of incitement.
The Tweet that got Ayala in trouble was written on the evening of March 5, 2013. It read simply: "RT if you now want Correa to die"
RT si ahora quieres que se muera Correa— Danny Ayala Hinojosa (@DayalaEC) March 6, 2013
The tweet was RTd (re-tweeted) four times.
Article 386 of Ecuadors Penal Code states that:
"He/she who should publicly incite a specific crime against a person or institution, when the instigator cannot be considered legally as a messenger, will be sanctioned for the instigation even though the crime is not committed, and sentenced to an incarceration of no less than fifteen days and no more than two years, depending on the severity of the crime that is instigated."
Ayala tweeted, using his @Ciencia1com account, the notice he was served, saying the president has confused desire with incitement:
The document, written apparently by President Correa, alleges that content of Ayalas tweet could be considered an instigation of an "attempt on my life, which considering my current functions, would obviously be considered magnicide."