A teenager brings to Europe the assault of a subway guard that no court has wanted to investigate as torture.

BarcelonaThe Irídia-Center for the Defense of Human Rights association filed an appeal this Thursday to the European Court of Human Rights (ECHR) in which it warns that no Spanish court has agreed to investigate the assault of a metro guard on a teenager in 2022 as torture. As of today, the guard has been acquitted. Despite the scene being recorded on video, the judge ruled that there was insufficient evidence and the injuries suffered by the minor were attributed to the fact that he had been restrained after becoming violent, according to the guard's defense.

The events occurred on November 26, 2022, at 9:30 p.m. The minor, ZS, was 16 years old and was trying to access the Glòries station with the free T-16 card, but the system contactless He failed despite the valid permit. According to his version of events, he chose to enter behind his partner, which led to a security guard reprimanding him. The two ended up arguing, as the guard told him to leave the station and the young man insisted on entering.

In the end, ZS and his partner left, and once they were on the street, the security guard and a colleague approached him. The first worker pushed the boy, knocked him to the ground, and hit him with his baton "completely wantonly and unnecessarily," according to the appeal by the entity specializing in the defense of human rights. The appeal states that the security guard crushed him with his body and pressed his arm against his neck, choking him. In fact, in the video recorded by his partner and presented as evidence in court, the minor can be heard shouting: "You're choking me."

Fundamentally, the appeal to the ECHR—the first filed by Irídia—criticizes the court's refusal to allow the investigation into the case as a possible crime of torture or degrading treatment, which, according to the prosecution, can be attributed to the metro guards because, despite being private security workers, they perform public duties. Initially, the Barcelona investigating court that received the case opted to process it as a minor offense, "which is characterized by the lack of investigation," criticized the minor's lawyer, Ton Mansilla.

Therefore, Mansilla requested that it be processed as a preliminary investigation, "which would allow for a basic investigation, such as taking statements, and for a forensic doctor to examine the victim" and thus clarify whether there was a relationship between the assault reported and the minor injuries she sustained. For the prosecution, it is clear that the assault was not justified and that the officer acted with a "punishment intent," and criticizes the failure to present evidence for this investigation.

"We asked the court up to three times to suspend the trial for a minor offense and open a preliminary investigation," lamented the lawyer, who stated that they always received a negative response. "The Prosecutor's Office also did nothing," he added. The Barcelona Court of Appeals and the Constitutional Court (CC) also responded negatively, with Irídia claiming that the right to effective judicial protection had been violated by the type of proceedings opened in the first court. "The court was obligated to open an investigation ex officio into acts that could constitute torture, and no one did," Mansilla summarized.

"The judicial system is failing"

Mansilla announced the appeal to the ECHR during the press conference in which Irídia presented its annual report on institutional violence. The court concluded that, for various reasons, "the judicial system fails to investigate human rights violations and torture." For the lawyer in this case, the attack on the subway "perfectly illustrates this passivity on the part of the prosecutor's office and how the possibility that officials could commit the crime of torture is difficult to grasp in the courts' minds." He also emphasized that this has been encountered in other cases. In addition to Mansilla, Irídia's director, Anaïs Franquesa; litigation coordinator Sònia Olivella; and psychologist Cira Martínez discussed the organization's report.

One of the conclusions drawn from the 56 abuse lawsuits they have handled throughout 2024 is that "the courts are not guaranteeing a minimum effective investigation when those responsible are agents of the state, making it impossible for them to go to trial." Of these cases, more than 65% have been closed at some point, dismissed, or processed directly as minor offenses. In this regard, and after an appeal, in 75% of the cases the Barcelona Court has corrected the decision of the first judge. The organization also regrets that "the courts unquestioningly accept the police version of events," despite the fact that the officers do not enjoy a presumption of veracity.