A Controversial Ruling in the Lleida Court
The Provincial Court of Lleida has decided to grant amnesty to the police officer who injured Enric Sirvent. This incident took place on October 1 at a voting center in the Mariola neighborhood, where Sirvent suffered cardiac arrest, triggering a chain of events that resulted in his death three years after the attack. The information was communicated on Tuesday by the press office of the Superior Court of Justice of Catalonia.
Reaction of the Family and Civil Organizations
The relatives of Enric Sirvent, who act as private prosecution, together with Òmnium Cultural, which represents the popular prosecution, strongly opposed the application of this rule that grants a kind of criminal ‘oblivion’ to the Spanish police officer. On the other hand, the Prosecutor’s Office has given its approval to the application of this law, while the State Attorney’s Office has not offered a response, in accordance with what was indicated by the court.
Details of the Case and Injury Suffered
The police officer faced charges of injury after kicking Sirvent in the genital region, who collapsed and suffered cardiorespiratory arrest. This event left Sirvent with a diagnosis of sudden recoverable death, in addition to multiple contusions and a significant testicular hematoma. After the attack, the Lleida citizen required surgery and spent a total of 17 days in the hospital, followed by a long recovery process of almost a year.
The Spirit of the Amnesty Law
Section 1 of the Lleida Court argues that this police officer’s case is within the scope of the amnesty law, which is premised on archiving investigations related to police actions against the 1-O referendum. In its resolution, the court mentions that the objective of this regulation is to eliminate all criminal liability linked to criminal actions used to safeguard legality and maintain constitutional order.
The Context of the Amnesty in Lleida
With the amnesty granted to this police officer, there are now more than fifty officers who have received the same consideration for their interventions during the 2017 referendum and in the arrests of protesters in 2019. Among them, a notable group of 46 Spanish police officers were amnestied after being accused of attacking voters in various centers in Barcelona.
Implications and Legal Resources
The organizations Òmnium, Irídia and the ACN have decided to present appeals to the Barcelona Court against the amnesty. Regarding the specific case of the Lleida police officer, it is argued that there is a clause in the law that excludes amnesty in those cases where article 3 of the European Convention on Human Rights has been violated. It is maintained that the agent’s action was excessive and violent, inflicting degrading treatment in a context of peaceful voting within the Mercè civic center.