Sabadell judge maintains investigation against police officers over 2017 Independence referendum

Despite the fact that the Spanish High Court has acquitted the leadership of the Catalan police, known as the Mossos d'Esquadra, and the major Josep Lluís Trapero for the actions of the body on October 1, an investigative court in Sabadell is still looking into the actions of seven Mossos during the referendum. The judge sees indications of a crime of serious disobedience to the judicial authority and has opened a proceeding against five chiefs and two agents. Two of those under investigation are Commissioner Cristina Manresa, who on 1 October 2017 was the head of the northern metropolitan police region, and Commissioner Xavier Creus, then mayor and deputy chief of the same region. Since Trapero returned to the leadership of the Mossos of 1-O three weeks ago, Manresa has been the head of the Central Catalonia police region and Creus the deputy head of the Girona region.

The head of Sabadell's investigative court number 2 says the investigation against the seven Mossos must continue because he believes they would have disobeyed the order of the Catalan High Court of Justice to prevent the referendum. "All the investigated had perfect knowledge of its existence and the mandates that it included", he adds. The judge is also aware of the acquittal of the Spanish High Court and admits that it may seem "absurd or illogical" to ahead with this case. However, the judge argues that it must go ahead as the accused did not stand trial in the Spanish High Court.

Despite this justification, in his brief the magistrate assesses that the internal guidelines of the Mossos to act on the 1st October "were designed as a simple façade of compliance" and were not suitable to comply with the order of the Catalan High Court, "and of this both those who designed them and the commanders to whom they were transmitted, all of them police officers with several years of experience, would be aware". But his investigation sets the focus on Sabadell poll stations and above all on two agents who on the 1st of October went to the Pere Calders School in Polinyà between 8.30 and 18.30. "Their action would have consisted of indicating to the people that from 6.00 that place had to remain closed. When the people answered that they would not allow the officers through, they did nothing", the judge stated.

According to the judge, they informed their superiors who did not give them any further orders. In his account he adds that at 6 p.m., when the last people left the school, the two agents entered the school but did not intervene any material: "They sealed the door of the centre with a sticker and withdrew, closing the minutes at 7 p.m. at the police station". The judge also noted that "it would not be recorded" that the regional court transmitted to the Operational Coordination Centre (Cecor) any of the calls from the agents or that the regional Cecor made any decision. Therefore, he is investigating the two agents together with the head of the Santa Perpètua police station, the head and deputy head of the regional chamber and Manresa and Creus as the responsible for the Cecor of the northern metropolitan region.

Investigation into leadership closed

On the other hand, the same court has not been able to continue the investigation against the Mossos leadership that was opened by the Court of Instruction number 3 in Cornellà de Llobregat. This court had summoned the commissioners Ferran López, Joan Carles Molinero and six other commanders of the corps to testify that 1-O was below Trapero. However, they were forced to suspend him. The Cornellà judge sent the case to the Sabadell court, and when the latter received it, the period of investigation had already ended. "It is absolutely unfeasible for the case to be directed against them," the judge concluded.