The magistrates point out that excluding agents who did not cause serious injuries to the referendum voters would be “contrary to the spirit” of the norm
Judge Amnesty to the 46 police officers investigated for the loads of 1-O in Barcelona
Definitely amnestified the police officers of the 1-O charges. The Audience of Barcelona has confirmed the archive of the cause in application of Amnesty’s law to the 46 police officers who waited trial for the loads against voters of the 2017 referendum. In a pedagogical resolution, the magistrates remember that the objective of the norm was Cancel the greatest possible number of criminal cases derived from the procés, also those that affected the bulk of police forces that prevented the vote.
Sample of the relevance of the resolution is that it is signed by the six magistrates that make up section 3 of the Audience of Barcelona and not by three magistrates, as usual. The rapporteur has been the magistrate Carme Guil, who, like the entire section, during the investigation of the cause advocated to thoroughly investigate the charges and the chain of command and had confirmed the processing of the agents.
The insistence of the particular accusations of the injured and of the popular in imputing more agents had lengthened an instruction that was almost completed in early 2020. The resolution of successive resources has made the cause not reached the trial and is filed by The amnesty.
Barcelona’s hearing coincides with Judge Francisco Miralles that all agents investigated in the case must be amnestied, since none of them caused serious injuries to voters who motivate their exclusion from the norm. This doubt affects only the agents accused of leaving one of the voters without an eye, but not at 46 riots who threw hair or hit the voters, but without generating serious injuries.
The will of the legislator with the amnesty, says the court, is to “first” benefit from the independentists, but also to “include” in the law “the actions of those who tried to prevent the continuation of the process in the framework of police actions ”, As can be seen not only from the literalness of the first article of the norm but also of its preamble.
The interpretation of the accusations of the injured who rejected the amnesty for the investigated agents “is unfair and contrary not only to the spirit of the law but also to the principles of equity and equality that any democratic legal system has to preside over,” argues the court .
“We cannot accept that a law like Amnesty only applies to some and not to all those who in one way or another carried out actions specifically included in the law,” deems the Chamber, which considers that an exclusive interpretation of the Norma “would contradict the will of the legislator to overcome the serious crisis suffered by Catalan and Spanish society.”
Remember the resolution that instead of criminal oblivion, the amnesty law aims to make “to give up the sanctioning apparatus of the State for the restoration of coexistence and social peace.” That is, for everyone.
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