The Criminal Chamber of the Supreme Court has confirmed the conviction of eight German citizens and one Iraqi citizen residing in Germany for the crime of less serious reckless injury for their responsibility in a stampede registered in the Valencia Metro on August 4, 2018, in the that a 25-year-old girl was injured when she was trampled by travelers who were hastily leaving the carriage.
Each of the convicted persons, between 19 and 42 years old at the time of the events, will have to pay a fine of 1,080 euros and joint compensation of 13,606 euros to the injured user.
The accused, Christian evangelists, entered a Metro car around 10:50 p.m. on August 4, 2018 with a red shopping cart full of books and booklets with religious content, backpacks and a suitcase, with one of them brandishing a large cross. red and the Iraqi citizen wearing a vest or tunic with Arabic characters.
Once inside the convoy, which was full of people, they began to launch proclamations through a megaphone along the following lines: "We have a message for you: this subway is full of sin, drugs, training (fornication. ..), of alcohol. The word of God says..". One defendant uttered the words in German through a megaphone, another translated them out loud into Spanish, and others in the group recorded the scene and handed over a triptych, which included the legend: "where would you go if you died today?"
Upon hearing the words of the accused, an unidentified young man sitting behind them and accompanied by other young people, said "you have to die of something, damn it." Next, some travelers got up scared and headed towards the door of the car, where they crowded, at which point the same young man got up from his seat again and said: "That's a lie, damn it. Please, Lord." , and continued "oh my god, it's a joke, it's a joke", according to the ruling of the Valencia Court.
At that moment, a situation of fear was generated among the occupants of the convoy, "to whom not only the exalted words of the accused reached them, but also the possibility that it could be a bomb or a gas attack, and they tried to leave the convoy at all costs, so they activated the stop button on the train, which stopped at the 'Alameda' station, causing an avalanche. While this was happening, the accused continued to say: "Jesus Christ loves you, do not be afraid, only afraid of sin."
As a result of the stampede, subway users pushed and stepped on each other, resulting in several people with bruises who did not require medical attention, except for a girl who was traveling in the first car behind the driver, who was trampled by the travelers who were hastily leaving. the convoy, and suffered bone edema and a sprain.
The young woman has been diagnosed with generalized anxiety disorder and has required psychological assistance for a specific phobia of taking the subway and medical assistance for headache, feeling of weakness and paresthesia in the left side of the body, feeling of fatigue and shortness of breath, tinnitus in follow-up by otorhinolaryngology, myodesopsias and chronic insomnia.
The defendants were reluctant to give up their attitude and continued with their messages, such as "You are going to burn in hell", "the Spanish are dogs, you only smoke marijuana", "we have come from Germany to save you", and reluctant to abandon the car despite the requests of the security guards. It was only when a team from the National Police Corps arrived and they saw themselves handcuffed, that they gave up their attitude.
The Court acquitted them of the crimes of public disorder and injuries due to serious recklessness, while the TSJCV partially accepted the victim's appeal and sentenced them for injuries due to less serious recklessness to pay a fine and compensation.
The convicted persons appealed, alleging that there was no violation of the duty of care, nor was there in any way created an ex ante dangerous situation with the necessary entity to consider, which would foreseeably lead to the result produced and that they did not foresee that, "having scenery clearly Catholic (bible, cross...) and making express reference to Jesus Christ, could be confused by radical Islamists".
The Supreme Court rejects the appeals and highlights that the initial voluntary action of the accused, consisting of entering the convoy as a group, launching proclamations with a megaphone and with triptychs with apocalyptic messages, "involved risky or dangerous conduct for the legal good, which "it was the physical integrity of the subway passengers, which was also foreseeable."
Along these lines, he adds that the accused "necessarily had to foresee that their action would cause this risk, and they also adopted a subsequent attitude in which they did not prevent the avalanche or try to remove the travelers' fear, but quite the opposite, since when the flood of people occurred," they continued with their proclamations and were reluctant to leave the wagon.