Sentence acquittal for the 13 Catalan students whom the Prosecutor’s Office asked for 8 years in prison for burning a container and breaking the window of a bank branch during a demonstration against the increase in university fees in 2017. The sentence, to which he has had access elDiario.es, concludes that the investigation of the case violated the fundamental rights of the young people by charging them “indiscriminately and imprecisely” with the riots.
In their resolution, the magistrates of section 7 of the Barcelona Court highlight the “violation of procedural guarantees” of the young people experienced during the investigation phase of the case, which causes “defenseless material to the accused” and that it is necessary to annul the entire case, which results in his acquittal. The magistrates thus attend to the request of the defenses of the young, who exercised the lawyers Eduardo Cáliz, Xavier Monge, Júlia Humet and Adrià Roger.
The judges determine that the investigation violated the fundamental right to effective judicial protection of the young people because the defendants did not have “information or prior specification” of the facts under investigation until they heard the indictment from the Prosecutor’s Office. Contrary to what is required by law, the young people were not informed of the criminal acts they were charged with when they gave a statement during the investigation phase.
“There is no reference in the proceedings to which the defendants have been made aware of the facts that are accused of them,” resolves the sentence, which also indicates that it has not been “sufficiently proven” that the young people caused the disturbances of those who the Prosecutor’s Office accused them. The Public Ministry maintained its accusation at the end of the trial, despite admitting that it was a request for very high penalties in altercations without injured policemen and admitting that it could not specifically indicate what each of the accused did when acting “in a group.” to provoke riots.
The trial was also marked by the way the Mossos d’Esquadra identified the young accused. The autonomous police admitted that it has a file and a bank of images of student protests – without clarifying whether it was a purely police file or that is part of judicial investigations – that it serves to check possible persons involved in disorders, such as and as it happened in this case that it has ended without any conviction.