Barcelona court denies amnesty for the first time to a police officer investigated for injuries during post-independence protests.
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The landmark ruling from the seventh section of Barcelona’s High Court has overturned a previous decision to close the case against a Mossos d’Esquadra officer, marking a significant departure from previous generous application of the amnesty law.
Barcelona court denies amnesty in precedent-setting case
The court revoked the Barcelona Instruction Court Number 4’s decision to dismiss the case against an anti-riot officer from the regional police force. Consequently, this represents the first instance where amnesty has been refused to a uniformed officer under the independence process amnesty law. The seven-page ruling, communicated on October 10th and disclosed today by the victim’s defence, strongly rebuts what had previously been general doctrine regarding amnesty application.
Furthermore, the magistrates emphasised that the case involved “possible police mistreatment – inhuman or degrading treatment” against the anti-riot agent. Accordingly, they determined this clearly falls outside the scope of the amnesty law’s competence. The judges reasoned that amnesty cannot be applied without first holding an oral trial to clarify the nature of the events.
The incident dates back to post-sentencing Process protests on October 18th, 2019. Meanwhile, the investigation centred on injuries sustained by victim T.S., who received impact from a foam projectile to his leg and another that hit his backpack while running away from the protest area on Provença Street. Interestingly, the investigation failed to identify the specific officer who fired the shots.
Therefore, the case proceeded up the chain of command, targeting the agent’s hierarchical superior as ultimately responsible for the operation. The tribunal noted that using foam projectiles without meeting authorisation conditions cannot be ruled out. Additionally, magistrates highlighted that events occurred outside the protest zone, questioning police justification based on public disorder context.
This Barcelona court decision establishes an important precedent for pending amnesty cases and ongoing requests from state security force members. The ruling potentially opens new legal avenues for challenging amnesty applications in similar circumstances involving alleged police misconduct during protest situations.
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