Second slam of the Prosecutor’s Office to investigate the infiltration without judicial control of national police into social movements and Catalan independence groups. The Public Ministry has opposed the admission for processing of the complaint by activist Óscar Campos against agent María I. The woman maintained a relationship with the young man hiding her status as a police officer in a “professional mission” to “obtain information that, she admits, The prosecutor’s office was carried out without “express regulation.”
The report from the Girona Prosecutor’s Office is a new refusal to investigate the police infiltrations in Catalonia that La Directa revealed and that, despite the legal obligation and the repeated European jurisprudence that has earned Spain several sentences, for now the courts reject investigate. This is what happened with the case of the police officer who infiltrated anarchist assemblies in Barcelona, whose victims have appealed to the Constitutional Court for protection against the judges’ refusal to admit their complaint.
The case of Girona proceeded in a similar way. A police officer recently graduated from the academy maintained a relationship with activist Óscar Campos for months, hiding her status as a police officer. He even introduced him to his family. He even attended meetings with Campos’ lawyers to prepare a trial for a protest in which the young man was accused. The Prosecutor’s Office does not consider that any of this is criminal.
In her report, the prosecutor addresses the fact that the figure of the undercover police officer does not have express legal regulation (unlike the undercover agent, who must be accountable to a judge). However, the Public Ministry supports the police’s actions by framing it as “obtaining criminal intelligence, without the purpose of obtaining evidence for criminal proceedings.”
All this despite the fact that, as the prosecutor admits in her writing, “there is no express regulation” of the infiltrated agent. Furthermore, according to the Prosecutor’s Office, the existence of a report from the General Police Information Commissariat itself (that is, the unit to which the undercover agent belonged) in which, in the prosecutor’s opinion, “it is justified” the infiltration of police excludes any type of criminal responsibility for the agent.
This police report does not mention any specific infiltration, but rather supports them in a generic way for the independence process despite the fact that it is prohibited to investigate someone for their ideology. However, the Police consider that “situations that, illegally, seek to subvert the constitutional order or alter the territorial structure of the State legitimize the actions of the information and intelligence services.”
The prosecutor even goes so far as to question whether the psychological consequences that the young man suffered when he discovered the police deception were a consequence of police infiltration. “It could be that the mere breakup of the relationship would have led Mr. Campos to this same situation,” ventures prosecutor Leticia Fernández. Now the Girona court will have to decide whether to admit the complaint to processing, as requested by Campos’ lawyer, Benet Salellas, or file it, as requested by the prosecutor.
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