The Ministry of the Interior assures that it will allow entry wearing Estelada flags to the Copa del Rey final.

MadridLike so many other Barça fans, Ricard will wear the Estelada (flag) to this Saturday's Copa del Rey final in Seville against Real Madrid. "I'm going to keep it well hidden," he told ARA, aware of the precedents in this type of match. Seizing pro-independence flags is not uncommon in football stadiums, and even in the final of this competition that Barça played against Sevilla at Madrid's Metropolitano Stadium in 2018. At the height of the process, private security even took pieces of yellow flags from Barça fans. What will the Barça fans find at La Cartuja?

The Ministry of the Interior assures that Esteladas will be allowed to enter the Copa del Rey final. "There is no impediment to wearing Esteladas in a match, nor will there be in the Copa del Rey," stated sources from the ministry, who as of Friday afternoon had not confirmed how access would be handled.

Police unions, however, are against it and believe the pro-independence flag should be banned at an event like this. Who makes the decision? The person in charge of the police operation for the Copa del Rey final, which will have more than 2,000 officers, is an inspector or commissioner of the National Police representing the Spanish government's Delegation in Andalusia. Sources familiar with these types of operations explain to ARA that it is the Spanish police who instruct the private security company on how to act.

At La Cartuja, Prosegur is the company in charge, and its workers will, in the first instance, search fans when they enter the stadium. National Police officers would only intervene in the event of an altercation. "It's internalized. No special instruction is necessary, and everyone knows what symbols are prohibited," say sources from Jupol. You don't doubt that the Estelada and Nazi symbols are illegal, but what about the Palestinian flag, for example? Other police sources assert that there's no problem with the Spanish flag or the flag.

What does the law say?

Private security and police forces are governed by a 2007 law "against violence, racism, xenophobia, and intolerance in sports." This law leaves considerable room for interpretation when determining which symbols are permitted and which are not. Article 7 states that the following are prohibited: "Introducing, displaying, or creating banners, flags, symbols, or other signs with messages that incite violence or by virtue of which a person or group is threatened, insulted, or harassed on the basis of their racial or ethnic origin, religion or beliefs, gender, or sexual characteristics." Article 1 stipulates that among the law's objectives are "maintaining citizen security and public order at sporting events," a pretext under which to broaden what constitutes a disturbance of public order. "The law is very restrictive," say police sources.

A few days ago The World The Junts parliamentary question to the Ministry of the Interior regarding the removal of an estelada from a Girona fan at Valencia's stadium last September was echoed. "The police action was based on current regulations," read the very brief response from Fernando Grande-Marlaska's department, and mentioned this law. Ministry sources consulted by ARA point out that when interpreting the regulation, the "circumstances" of the incident are assessed. They recall that the regulation takes into account the "content" and the "circumstances" in which symbols are displayed that "in some way incite, encourage, or assist in the commission of violent or terrorist behavior or constitute an act of manifest contempt for people." In this regard, Marlaska's team emphasizes that at Barça's stadium "esteladas are not routinely removed." "Circumstances must exist that recommend their occasional removal," they add.

A sentence

All police sources consulted by ARA, including those from the Mossos d'Esquadra (Catalan police), believe that an estelada (flag of the Spanish flag) violates the law at a match like Saturday's, given the context and the opponent. "You can't enter the Camp Nou wearing an Espanyol shirt," one of the sources consulted also cites as an example, given the obvious risk that it could cause a conflict. However, the police consensus contrasts with a July 2017 court ruling from the Madrid Administrative Court, which ruled in favor of a Barça fan who claimed that the removal of an estelada (flag of the Spanish flag) at the Copa del Rey final on May 22 of that year at the Vicente Calderón stadium in Madrid was contrary to fundamental rights. "The display of the Estelada cannot be considered likely to provoke or generate violence, racism, xenophobia, or intolerance in sports. It is a simple manifestation of ideological freedom and the right to freely disseminate thoughts, ideas, and opinions," ruled Judge Jesús Torres. On that occasion, there was an explicit order to the security forces not to allow "any political propaganda material" that generates "political controversy," and they were to be confiscated. On Saturday, just in case, many Barça fans will be wearing the Estelada hidden.