Javier ChicoteFOLLOW, CONTINUE
The Court of Instruction number 28 of Madrid has admitted to processing a complaint against the police who They broke into a flat on Madrid’s Calle de Lagasca where a party was being held on March 21 by force, images that went viral. In addition, the magistrate has summoned the six agents of the National Police who intervened to testify as investigated. They are cited for next September 17 for alleged crimes of trespassing and damages.
The residents of the house were sanctioned for celebrating a party during the state of alarm, but Section 23 of the Provincial Court of Madrid annulled this complaint and opened the door to investigate the police action, stating that There was an “excess” of the Police when entering a home without the consent of its residents and without a flagrant crime taking place. Thus, the lawyer for the tenant of the apartment, the criminal Juan Gonzalo Ospina, filed the complaint against the agents that now reveals the position of the Minister of the Interior, Fernando Grande-Marlaska, who protected these interventions in homes without a court order during the restrictions of the pandemic.
Agents of the National Police appeared on March 21 in a flat on Lagasca Street, in Madrid, where a party was being held in which presumably the state of alarm restrictions were violated. The occupants of the house ignored the orders of the agents, before which they broke down the door with a battering ram and entered the house. Once inside, they searched the home, identified the attendees and arrested nine of them.
The founding lawyer of Ospina Abogados asserts that “the denounced conduct supposes the Injury to the domiciliary inviolability of the tenant of the dwelling to the extent that the defendant officials proceeded without just cause to violently besiege the home, finally gaining access to it. ” Juan Gonzalo Ospina adds that “Failure to open the door of a home does not constitute a crime of serious disobedience that implies a supposed urgency and necessity that legitimizes the agents to violate the home by breaking down a door with a battering ram and without a court order. With regard to the crime of damage, the complaint refers to the door that the agents had to burst to access the home, which eventually raised part of the adjoining wall.
The images of the intervention generated a great controversy as they ran like wildfire through social networks and television sets, generating a great debate about the collision of measures against the pandemic and constitutional rights. Police sources assured ABC that the agents were limited to following instructions and that accusations such as this one “turn them into scapegoats.”