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Artist prosecuted for insulting Portugal's flag

flagupsidedown‘Portugal at the Gallows’ was the name given to the intriguing work by its Algarvean creator, Élsio Menau. Sadly for him the installation piece included Portugal’s national flag.

The artist’s course work was on display for two days on vacant land at the edge of Faro and its alleged insulting nature caused him to be charged with the archaic crime of ‘outrage to the national flag.’

Menau was at the end of his degree in Visual Arts at the University of the Algarve and created ‘Portugal at the Gallows’ as a form of visual protest.

"It is a work that sought to show outrage at the state of the country,” said Menau who had made a noose hanging from a frame from which hung the Portuguese flag.

The piece worked on many levels. The single gallows with a forlorn flag placed in the middle of a mown field evoked a once proud nation, tripped up by its own folly, a jester at play, an insulting yet poigniant note of symbolism surrounded by a field of indifference, flat and unresponsive, the harvest is in, yet somehow the earth remains barren.... or, did it look like a grossly insulting response to the state's austerity programme? Either way, the law says this is an offence so it's off to court with Sr Menau.  

The owner of the field had given his consent and the display caused a national sensation, especially after the young man’s arrest at a time when the country was enraged at the full implications of the government’s austerity programme.

GNR officers removed the flag after two days on display and Menau was summoned by the police to give a statement after a later video containing images of his and other work was circulated widely after the October 5th Republic Day celebrations last year. These were notable for the President of the Republic, Cavaco Silva's gaffe when he hoisted a flag which was immediately spotted as being hung upside down, a gross insult to the national symbol and to the government.

The Algarvean artist is to face trial next Monday, June 23rd, as it is claimed that his actions ‘injured a national symbol’ despite most sane peole holding the reasonable opinion that the lad did no harm and there must be more important things around with which to occupy the judiciary, such as a record backlog of court processes.

Élsio Menau insists that he never intended to ridicule the national flag but his work soon earned him national recognition and a day in court where many of his friends and supporters will gather to protest at the seeming pointlessness of the state highlighting an inherent repressive nature and wasting scarce judicial resources in prosecuting a student for expressing that which most of the country was thinking.

Update: Menau will hear his fate on the 7th of July.

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Comments  

+8 #4 Peter Booker 2014-06-25 10:29
The law is probably worded like this, but I find it difficult to understand how it is possible to insult an inanimate object. The flag is probably a metonym for the state (again inanimate) and for the government (this time animate). So this young man is being prosecuted for expressing his opinion of the government, its policies and the outcomes of its policies. In the time of Salazar, he would have been imprisoned without trial; today he is charged, and will be tried. The effect of suppressing freely expressed opinion on political issues is similar.

It is the very act of arresting and trying him which is an insult to the Portuguese people.
+8 #3 Regina 2014-06-23 10:24
Yes, the piece of art represents the state of the Portuguese people who have been tightening their belts more and more. Based on this artwork, a mature society would use this opportunity to start a rich dialogue about their situation and how they can improve their lot. Instead, they clampdown on freedom of expression, a human right that has been fought for on so many levels, by and for so many people. Surely the Court of Human Rights would see this as an infringement of a person´s basic rights?
+5 #2 John Haigh 2014-06-22 12:19
They should do this in the UK when Muslims burn the Union Flag.
+7 #1 CarlosMLP 2014-06-22 00:58
Wasn't a former PM and President of the Portuguese Republic, personally involved the burning of the portuguese flag whilst living in exile in France, during the Salazar era? If you get away with that, shrouding your body in it at the footie, wearing it as a bandana...what is wrong with hanging it proper!

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