The Barcelona Court rectifies the judge and brings the Mossos who helped Puigdemont a step away from trial
The investigating judge had dismissed the case
BarcelonaTurn of events in the case of the August 2024 events, after the dismissal was ordered. The Barcelona Court has now brought the three Mossos d'Esquadra investigated for collaborating in the escape of the former President of the Generalitat and leader of Junts, Carles Puigdemont, one step away from trial, following his brief return to Barcelona on August 8, 2024, for the investiture of Salvador Illa as president. Specifically, the court has opted for this route given indications that corroborate, in its opinion, that they omitted their duty to pursue crimes.
In a resolution advanced by EFE, the court upholds the appeal filed by the Public Prosecutor's Office and the private prosecutions brought by Vox and Hazte Oír, and revokes the ruling in which the judge of Investigating Court number 24 of Barcelona dismissed the case against the three agents charged, after concluding that they had no obligation to arrest Puigdemont because they were not on duty. One of the mossos was on vacation, another on leave, and the third on sick leave, and the judge made it clear that there were no indications of any "link" to facilitate his escape.
The change is enormous compared to the criteria of the investigating judge when she declared the case closed and ordered its dismissal after ruling out a crime. Now, the arguments expressed by the judge are discredited, such as that it cannot be verified that the agents carried out coordinated actions to prevent the arrest and that "mere presence" did not prove "agreement and prior preparation." Also, the one referring to the lack of telephone communication with Puigdemont or the lack of reception of "orders," in addition to the fact that the Criminal Code does not punish "passivity" but rather "actions," and that no active conduct or abuse of public functions was approved. The Court contradicts this point by point and now orders a resolution to be issued to bring them one step away from trial, if there are no further investigative actions.
The report of the Hearing
According to the Court, the fact that police officers were off-duty "should not be an obstacle to the appreciation of the crime" and refers to Supreme Court rulings that indicate that "police members must always intervene in defense of the law and citizen security". It also mentions "relevant evidence" derived from reports and videos that the internal investigation division of the Mossos provided regarding the reappearance and escape of the former president. Thus, it emphasizes that the images show the three investigated individuals "surrounding" Puigdemont, "at a very short distance from him, even reaching out to grab his arm" to "help him advance in the crowd of people", in a procedure typical of "the encapsulation" of a "personality protection service".
The presence of the three officers reaches the Arc de Triomf in Barcelona and their entire conduct leads the Court to add that "the officers did not take the measures available to them to promote the pursuit" and this could be a crime of omission of the duty to pursue crimes, article 408 of the Penal Code, which provides for disqualification penalties.
On the other hand, it also provides details such as the attire with blue baseball caps, which it likens to a "security team". Another element it considers "striking" is that the investigated individuals were on vacation or leave, and it considers that the lack of telephone contact between them on the eve of the events could be a measure of "elementary security". However, the Court does not see any crimes of disobedience or denial of assistance. Nor does it see the crime of concealment in the officers' conduct because they "would not have incurred in the abuse of public functions".