The Barcelona Court rectifies the judge and brings the mossos who helped Puigdemont one step closer to trial
The investigating judge had filed the case
BarcelonaPlot twist 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, to the verge of trial, following his brief return to Barcelona on August 8, 2024, for Salvador Illa's investiture as president. Specifically, the court has opted for this path given indications that, in its opinion, corroborate that they omitted their duty to pursue crimes.
In a resolution advanced by EFE, the court upholds the appeal of the Public Prosecutor's Office and the private prosecutions brought by Vox and Hazte Oír and revokes the resolution 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 officers was on vacation, another on leave, and the third on sick leave, and the judge made it clear that there is no evidence of any "link" to facilitate his escape.
The change is stellar compared to the criteria of the investigating judge when she declared the case closed and agreed to its dismissal by ruling out a crime. Now the arguments expressed by the judge are discredited, such as that it cannot be ascertained that the agents acted in a coordinated manner to prevent the arrest and that "mere presence" did not prove "concert and prior preparation." Also, the reference to the lack of telephone communication with Puigdemont or the lack of receipt of "orders," in addition to the fact that the Penal 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 proceedings.
The Audiència's report
According to the Court of Appeal, the fact that the police officers were off-duty "should not be an obstacle to the appreciation of the crime" and refers to the Supreme Court rulings that state that "police members must always intervene in defense of the law and citizen security". It also mentions "relevant indications" that emerge from the 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 going so far as to take him by the 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 extends to the Arc de Triomf in Barcelona, and their entire conduct leads the Court of Appeal 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 finds "striking" is that the investigated individuals were on vacation or leave, and considers that the fact that there was no telephone contact between them on the eve of the events could be a measure of "elementary security". However, the Court of Appeal does not see crimes of disobedience or denial of assistance. Nor does it see the crime of cover-up in the officers' conduct because they "would not have incurred in the abuse of public functions".