Position of Òmnium Cultural, the Catalan National Assembly and Irídia
Òmnium Cultural, the Catalan National Assembly (ANC) and Irídia have presented a brief to the investigating court number 7 of Barcelona requesting that the amnesty not be applied to the cases of police officers who committed police violence during the 1-O referendum. The three entities have presented this document in response to the request of the investigating judge who is investigating the 1-O police officers for violations of rights, who has required the positioning of the parties in person. Òmnium and the ANC act as a popular accusation, while Irídia acts as an interested party. In a joint statement, they warn that if the amnesty is applied to these cases, they will appeal to the corresponding authorities.
Arguments against the application of the amnesty
The entities maintain that the amnesty law cannot favor those responsible for the police brutality carried out during the referendum, since it is incompatible with the Convention for the Protection of Human Rights and Fundamental Freedoms. They argue that acts of police violence during the referendum should be excluded from the application of the law, as they could constitute crimes of torture or inhuman or degrading treatment, exceeding the threshold of severity according to the jurisprudence of the European Court of Human Rights ( ECHR).
Complaint for lack of access to justice and reparation
Furthermore, they take the opportunity to denounce that, after seven years, no trial has yet been held and that the victims of police violence have not been able to access their right to justice, truth and reparation.
Position of the Prosecutor’s Office
For its part, the Prosecutor’s Office has requested amnesty for the 46 agents of the National Police and the Civil Guard accused of the 1-O charges. They argue that the actions carried out within the framework of the 1-O consultation are amnestied according to the law. Òmnium, the ANC and Irídia reject this position and emphasize that it does not surprise them, since the Prosecutor’s Office has requested the dismissal of the procedure since its beginning in 2017.
