Two Spanish Civil Guard officers are set to stand trial before the Provincial Court of Barcelona, facing serious allegations of a hate crime for discriminating against a Dutch citizen because he spoke Catalan. The case, which revolves around an incident at Barcelona’s main airport, highlights the deep-seated linguistic tensions that can surface in the region.
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The private prosecution is seeking a conviction for a hate crime, while the public prosecutor’s office has requested an acquittal, arguing that the facts of the case have not been sufficiently proven. The trial marks a critical point in a legal battle that began over four years ago.
A Routine Security Check Escalates
The events in question took place on 9 December 2019 at a security checkpoint in Josep Tarradellas Barcelona-El Prat Airport. The complainant, a Dutch national identified as Kris who resides in Bigues i Riells, was travelling to Brussels. He was stopped by private security staff who suspected he was concealing an object under his clothing.
Kris attempted to explain in Catalan that the object was a colostomy bag, a consequence of surgery for colon cancer. At this point, two officers from the Civil Guard, a national police force, intervened.
According to the case files, first reported by Tot Barcelona, the situation quickly deteriorated. The officers allegedly did not understand Kris’s explanation, nor why he was speaking in Catalan but not in Spanish. The complaint states Kris felt distressed at the prospect of exposing his medical device in public, but he was ultimately forced to lower his trousers to reveal the bag.
Charges, Flight Denial, and a Reopened Case
Following the confrontation, the officers filed a complaint against Kris for disobedience under Spain’s controversial Public Security Law, often referred to as the ‘Gag Law’. The complaint cited his refusal to identify himself and his failure to cooperate by not speaking Spanish. The court later dismissed these charges.
The ordeal did not end there. After Kris boarded his flight, a security agent informed him he was prohibited from flying and forced him to disembark. The Civil Guard had allegedly placed his name on a temporary no-fly list, preventing any airline from transporting him for several hours.
An investigating court in El Prat de Llobregat initially archived the case. However, the Provincial Court of Barcelona later ordered its reopening, insisting on a complete investigation. This led to the current trial, where the officers face charges not only of a hate crime but also of document forgery, as alleged by the private prosecution led by the law firm Molins Defensa Penal. The charge of falsifying an official report could carry significant penalties, an issue seen in other criminal cases, including a recent investigation into a gang forging residency documents.
Conflicting Legal Arguments
The trial presents two starkly different interpretations of the events. The private prosecution contends the officers’ actions constitute a hate crime, specifically targeting Kris for his use of the Catalan language. Spanish law defines hate crimes as offences motivated by prejudice against a person’s race, ideology, religion, ethnicity, or other protected characteristics, including language.
Conversely, the public prosecutor’s office maintains there is insufficient evidence to prove that the officers treated Kris in a humiliating manner or unlawfully prevented him from travelling. They argue the events do not constitute a criminal offence and are therefore calling for the officers’ acquittal.
The case brings questions of police conduct and accountability to the forefront, a theme echoed in recent calls for accountability and reform within Catalonia’s penal system. As the trial proceeds, language rights advocates and civil liberties groups will closely watch it. The case serves as a crucial test for how the justice system addresses allegations of linguistic discrimination by state authorities in a region where Catalan holds official language status, protected by the Generalitat de Catalunya’s language policy.
