Nine years after the police charges on October 1, four National Police officers are on trial for the serious injuries they caused to Roger Español, a protester who was hit by a rubber bullet and lost sight in one eye. The events took place during the operation deployed near the Ramon Llull school, in the Fort Pienc neighborhood of Barcelona. This is the only case opened against National Police officers for the charges carried out against the voters of October 1.
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The police officers requested the application of amnesty to avoid the trial, but the Barcelona Court denied it, considering that the law prohibits amnestying intentional acts that have caused “the loss or uselessness of a principal organ or sense.”
The accusations, brought by the victim and entities such as Òmnium Cultural, the Catalan National Assembly (ANC), and the Irídia Center, demand sentences ranging from 9 to 13 years in prison for serious injury crimes in concurrence with torture or crimes against moral integrity. For its part, the Prosecutor’s Office requests the acquittal of the four accused, understanding that their actions were protected by the fulfillment of duty.
The Barcelona Court denied amnesty considering that the injuries caused the loss of a vital organ, a reason excluded by law
The accused are an inspector, two sub-inspectors, and a shotgun officer. The senior officer was responsible for giving the order to use rubber bullets after declaring the intervention at Ramon Llull school finished; the two intermediate officers transmitted the order to the shotgun officer, who fired the shot that hit Roger Español’s eye. The injured party, who years later was a Junts candidate for the Senate, was also investigated in this case for injuries after having thrown a barrier against the police line. However, he received amnesty, as did 46 police officers who were also listed as investigated in the same procedure.
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The Prosecutor’s Office requests the acquittal of the accused while the accusations demand between 9 and 13 years in prison
After entering the school and seizing the ballot boxes, the officers headed towards the vans of the Police Intervention Unit (UIP). A peaceful sit-in protest against the police action formed on the roadway, blocking the convoy’s passage. According to the accusations, after using the standard defenses, the chain of command ordered the launch of riot control material. In the area, 17 rubber bullets and 48 blanks were fired.
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In the middle of the operation, the prosecuted shotgun officer fired two shots that did not hit Español and a third, made at a distance of 14.2 meters, that hit directly on the right side of his face when he was with his hands raised among protesters and journalists. The impact caused the eyeball to burst, serious facial fractures, and permanent physical and psychological sequelae that forced him to abandon his musical career.
For its part, the Prosecutor’s Office describes a situation of extreme tension and hostility against the 40 officers who had been blocked in the street by a group of between 600 and 800 people. According to their account, after several mediation attempts with a firefighter and with press representatives, and in the face of the constant throwing of barriers, cobblestones, and other dangerous objects, the commander ordered the use of rubber bullets “as a last resort.” The prosecutor maintains that the impact suffered by Roger Español was not the result of a direct shot, but of the projectile bouncing off the asphalt. The trial will last four sessions and will end on October 1, when the exact nine-year anniversary of the events will be reached.
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