The judge of the National Court Manuel García-Castellón has issued a new order on the Democratic Tsunami case, in which the former president of the Generalitat Carles Puigdemont, the general secretary of ERC, Marta Rovira, and ten other people are being investigated for terrorism. , in which he tries to circumvent the amendment agreed upon this week by the PSOE and the pro-independence groups that excluded from criminal oblivion acts of terrorism that, "manifestly and with direct intention, cause serious violations of human rights, in particular provided for in articles 2 and 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, and in international humanitarian law.”
In an order, in which the magistrate confirms the appearance of two police officers who suffered serious injuries in the incidents that occurred within the framework of the protests that took place after the sentencing of the process, García-Castellón points out that "it cannot be minimized this action" (the protests in which the agents were injured) "nor the serious result it caused, incompatible with the right to life and physical integrity recognized in article 15 of the EC (Spanish Constitution), and art. 2 of the European Convention on Human Rights, and of which those investigated could be participants." The reference to article 2 of the European Convention (for the Protection) of Human Rights to which the amendment agreed on Tuesday alludes is very clear, which would add to the criticism that the magistrate has received even from the Government for managing the timing of the cause with political opportunism.
In his brief, the magistrate has rejected the appeal of one of those investigated in the case, Marta Molina, to which another, Xavier Vendrell, and the Prosecutor's Office had joined, which alleged that these acts that occurred on October 18, 2019 in Plaza de Urquinaona and Vía Laietana in Barcelona were not attributable to Tsunami but to the CDR, so they could not be linked to the case in which the agents appeared.
Furthermore, in his writing the judge tries to tighten the siege on Puigdemont and after considering that the evidence points to the platform's participation in the events of that day, he indicates that the conversation between the former president of the Generalitat and one of those investigated, Josep Campmajó, in which the president, according to the judge, "seems to assume the possibility that fatalities could have occurred, and his ability, while he held control of the action, to stop this possibility".
The judge, in his writing, points out that the appellants' argument to annul the appearance of the injured agents cannot serve to exempt Tsunami from any responsibility, as if the presence of some totally displaces the responsibility of others. García Castellón affirms that Tsunami was not a stone "guest" to the mobilizations that shook different cities in Catalonia, and that one of their bloodiest scenarios was the events that broke out on Vía Laietana and Plaza Urquinaona in Barcelona.
The magistrate recalls that in his reasoned statement it was already mentioned that Tsunami had announced that day on social networks the call for a general strike, with the following text: “we thought that the sentence was the end of a movement and it has been its restart. “Today we blockade the country to remember a solution and exercise our rights and freedoms.” The judge explains that it was precisely under the cover of this “strike” that serious alterations of social peace and public order occurred. However, the appellant Vendrell denied in his appeal that Tsunami called that strike.
The judge highlights the seriousness of the injuries suffered by the police officers, which, in the case of one of them, were caused by a strong blow to the top of the regulation helmet caused by a blunt object thrown by one of the participants in the demonstrations.
The magistrate adds that as a result of the brutality of the impact, the protective helmet of one of the agents was fractured and he collapsed to the ground, unconscious, suffering a series of injuries that have disqualified him from practicing his profession.
It is clear, says the judge, "that the result of this action was very serious injuries, a harmful result that the investigation must investigate if it is objectively attributable to the action of TD and its organizers."
He adds that the seriousness of this action, the public repercussion it had and the notorious media interest that motivated the hospitalization of the injured agents, even led to the acting President of the Government at that time, Pedro Sánchez, accompanied by the Minister of the Interior, went to visit them at the hospital where they remained admitted.
