Barcelona police shooting case developments have taken a dramatic turn as a municipal officer who shot a homeless man in the abdomen in 2020 has been cleared without facing trial.
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The Barcelona Court’s second section dismissed the case after removing the Arrels Foundation, the only remaining prosecution against the officer. This decision came just before Wednesday’s scheduled hearing.
Legal Technicality Halts Barcelona Police Shooting Case
The magistrates justified their ruling by stating that since no written documentation proved Marjan, the homeless man, had authorised Arrels to represent him, the organisation couldn’t participate in the proceedings. This contradicts a 2022 decision by another Barcelona court section that had permitted Arrels to act as popular prosecution. Furthermore, the public prosecutor hadn’t attributed any crime to the officer, while the lawyer representing the affected individual was also removed from the case because Marjan hasn’t been located for years.
Arrels Foundation had based their accusation on the officer allegedly shooting due to aporophobia – fear of poor people. Before being removed from the procedure, they sought a 10-year prison sentence for attempted homicide with the aggravating factor of aporophobia. The organisation expressed “disappointment” that the officer was acquitted without even being tried, suggesting judges again “exclude” the accused from fundamental access to justice.
Eva Hobeich, Arrels’ lawyer, announced they will appeal the court’s decision. She argued the tribunal applied “judicial formalism” through “such a strict interpretation that prevents a trial from guaranteeing” Marjan’s rights. “Homeless people don’t have telephones, they don’t have homes where they can be located. We understand this is a very restrictive interpretation contrary to fundamental rights and access to justice,” Hobeich added.
Meanwhile, parallel accusations continue against Marjan himself. Both the officer and public prosecutor accuse the indigent man of crimes against authority. The prosecutor has requested prison time be substituted with four years in a psychiatric centre, citing mental health conditions that prevented awareness of actions during the incident.
The incident dates back to November 21, 2020, when Marjan was at a building entrance on Passeig de Sant Joan with accumulated belongings blocking resident access. After a neighbour called municipal police, officers arrived to find Marjan walking rapidly along the avenue with a knife. According to accusations, he didn’t obey orders to stop and continued walking from Carrer Casp to Plaça Tetuan near Gran Via.
Police attempted to block his path with a van, but prosecutors claim he “lunged toward the officer with the knife in his right hand” to the point the officer “feared for his physical integrity.” When Marjan was at close distance, the officer fired his regulation weapon: “first a shot toward the ground, which didn’t stop the accused, and a second shot that made him fall” with serious injuries. Marjan subsequently spent four months hospitalised at Sant Pau Hospital before discharge.
This Barcelona police shooting case highlights ongoing challenges in balancing public safety with protection of vulnerable populations. The outcome raises significant questions about legal representation for homeless individuals and how courts accommodate circumstances affecting marginalised communities.
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