Decision of the Lleida Court
The Provincial Court of Lleida has decided to grant amnesty to a police officer who caused injuries to Enric Sirvent. This incident occurred on October 1 during a voting center in the Mariola neighborhood, where the affected person also suffered a heart attack, dying three years later, as announced by the press department of the Superior Court of Justice of Catalonia. this Tuesday.
Reactions of those affected
The relatives of Enric Sirvent, acting as the accusing party, as well as Òmnium Cultural representing the popular accusation, have shown their opposition to the application of this amnesty regulation for the officer. In contrast, the Prosecutor’s Office accepted the amnesty, while the State Attorney’s Office chose not to comment on the matter, as detailed in the ruling of the Lleida Court.
The injuries suffered by Sirvent
The police officer faced charges for a crime of injuries, when he was accused of kicking Sirvent in the genitals, which caused him to fall to the ground and suffer cardiorespiratory arrest. The initial diagnosis was sudden death recovered, in addition to presenting multiple bruises and a testicular hematoma. Sirvent underwent surgery and spent a total of 17 days in the hospital, needing 314 days for his complete stability, according to the medical report.
The interpretation of the law
In its resolution, the first section of the Lleida Court indicates that the case against this agent fits coherently with the amnesty legislation, which stipulates the archiving of investigations related to police actions used during the 1-O referendum. The court also argues that the objective of this law is the elimination of criminal liability in criminal actions undertaken to safeguard legality and constitutional order. It is important to mention that this decision is not final and can be appealed.
Amnesty for other agents
The granting of amnesty to the Lleida agent joins a growing number of more than fifty police officers who have been exonerated for their interventions during the 1-O referendum in 2017 and in the arrest of protesters in 2019. In particular, it stands out four agents from the Mossos d’Esquadra and 46 from the National Police, who had been accused of attacking voters in various centers in Barcelona, and who have also had their charges annulled.
Points of controversy
In the case of the Lleida police officer, the accusing parties argue that an exclusion from the amnesty, as provided for by law, should apply in situations where Article 3 of the European Convention on Human Rights has been violated. They refer to those circumstances in which it could be said that the police have exercised inhuman or degrading treatment. In this context, the complainants maintain that the agent’s actions went beyond what was necessary, resulting in abusive and aggressive behavior towards individuals who were not committing any type of crime in the Mercè civic center, which was used as a crime center. voting during the referendum.
