The Supreme Court has left in a fine of 9,000 euros and compensation of 3,000 euros the criminal charge against the Mossos d’Esquadra inspector Jordi Arasa for beating 15-M protesters during the eviction of Plaza Catalunya in 2011, some images that went around the world and became a graphic example of disproportion in police action.
The High Court, in a ruling to which elDiario.es has had access, estimates in part the resources that both the Prosecutor’s Office and Arasa’s defense, exercised by the lawyer José María Fuster Fabra, had filed against the two-year sentence and four months in jail imposed by the Barcelona Court.
The Supreme does not question that the inspector – who is still active in the Mossos – exceeded himself in the use of the police baton against peaceful protesters. The reduction of the sentence is explained by technical reasons: in a protester injured by Arasa, the Supreme Court does not accept the expert opinion of a physiotherapist as valid to substantiate the conviction for injuries, while in another injured person the High Court does not see enough seriousness in the injury to convict for aggravated injuries and leaves them in their simple criminal modality.
Without using a tone as forceful as the magistrates of Barcelona, who concluded that the shoves, blows and blows with which Arasa evicted the square were not “justified in any case” because the indignant were sitting on the ground in a “peaceful” way, the Supreme does determine that the inspector’s actions were disproportionate and violent.
“Everything points to a rashly aggressive act on the part of someone who, precisely because of the position he held [jefe de las unidades de apoyo de los antidisturbios] he must be accustomed to enduring pressure situations and to whom a particular effort of containment is incumbent ”, resolves the High Court, in a sentence of which the magistrate Ana María Ferrer has been rapporteur.