He highlights that even Pedro Sánchez went to see the injured agents in 2019, thus underlining the significance of the events.
MADRID, 25 Ene. (EUROPA PRESS) -
The judge of the National Court investigating the 'Democratic Tsunami' case, Manuel García Castellón, has indicated that the serious injuries suffered by two police officers in the altercations after the 'procés' ruling are "incompatible with the right to life and physical integrity recognized in article 15 of the Constitution, and article 2 of the European Convention on Human Rights".
It so happens that this specific article of the European Convention is one of those expressly excluded in the amnesty law after the latest modification that the bill has undergone, although this violation of human rights must be "manifest" and "with direct intention", according to the amendment incorporated on January 23.
This mention of the European Convention on Human Rights appears in the magistrate's order rejecting the appeal presented by one of those investigated against the appearance in the proceedings of two police officers who suffered serious injuries in the incidents that occurred on October 18. of 2019 in the Plaza de Urquinaona and Vía Laietana in Barcelona, after knowing the 'procés' sentence.
In her appeal, to which the Public Prosecutor's Office had joined, Marta Molina's defense alleged that these acts were not attributable to Tsunami but to the Committees for the Defense of the Republic (CDR), so they could not be linked to the case. in which the agents appeared.
The judge, in an order reported by Europa Press, points out that this argument cannot serve to exempt Tsunami from any responsibility, "as if the presence of some --CDR-- totally displaces the responsibility of others."
García Castellón affirms that Tsunami "was not a stone 'guest' to the mobilizations that shook different cities in Catalonia, and that had as one of its bloodiest scenarios the events that broke out on Vía Laietana and Plaza Urquinaona in Barcelona. ".
Along these lines, he remembers that in the reasoned statement that he submitted to the Supreme Court, it was already mentioned that Tsunami had announced that day on social networks the call for a general strike, with the following text: "We thought that the sentence was the end of a movement and "It has been its restart. Today we blockade the country to remember a solution and exercise our rights and freedoms."
The judge explains that it was precisely "under the cover of this strike that serious alterations of social peace and public order occurred."
On the other hand, he insists that the fact that there were members of the CDR "does not exempt" Tsunami from responsibility and explains that the evidence points to the platform's participation in the events of that day.
He adds that "the conversation between the former Catalan president Carles Puigdemont and one of those investigated is especially striking as an incriminating clue" in which the former "seems to assume the possibility that fatalities could have occurred, and his capacity, while he held the control of the action, to stop this possibility".
The judge also highlights the seriousness of the injuries suffered by the police officers, which, in the case of one of them, were caused by a strong blow to the top of the regulation helmet caused by a blunt object thrown by one of the officers. participants in the demonstrations.
It indicates that as a result of the brutality of the impact, the protective helmet fractured and the agent collapsed to the ground, unconscious, suffering a series of injuries that have made him unable to practice his profession.
It is clear, says the judge, "that the result of this action was very serious injuries, a harmful result that the investigation must investigate if it is objectively attributable to the action of Tsunami and its organizers."
Next, he explains that since he has not been able to hear the injured party, nor carry out forensic reports, "it cannot be inferred whether due to the type of object thrown, the place where the impact was received, the position of the aggressor or any other circumstance concurrent peripheral nerve, an intention to injure or homicidal could be appreciated".
However, he adds that the seriousness of this action, the public impact it had and the notorious media interest that led to the hospitalization of the injured agents, even led to the acting President of the Government, Pedro Sánchez, accompanied by the Minister of the Interior, Fernando Grande-Marlaska, came to visit them at the hospital where they remained admitted.
For all this, the magistrate concludes that this action cannot be minimized nor the serious result it caused, "incompatible with the right to life and physical integrity recognized in article 15 of the Constitution, and article 2 of the European Convention on Human Rights , and of which those investigated could be participants".