He Criminal Court Number 2 of Pamplona Ha acquitted five people accused of insult to people who wore flags, t-shirts either scarves of Spain close to The SadarOctober 11 2022on the occasion of the celebration of a friendly match among the selections women of Spain And USA.
During the trial, held last October 29the prosecutor asked for each of the five defendants 3 years in prison for a crime of coercion with the worsening of discriminationin this case ideologicalinform him Superior Court of Justice of Navarre.
According to the prosecutor, they uttered expressions such as “fascists, vassals of the Spanish state, spanish son of a bitch, fucking Spain, fucking selection“. The defenses, for their part, had demanded the absolution.
In the sentence, subject to appeal before the Provincial courtthe judge underlines the existence of a “total absence of evidence”, since none of the witnesses who were brought to court were spectators of the match, none of them went onto the pitch, none of them were supporters with flag of spain either national team t-shirt.
“At no time has it been proven that the amateurs those who, in the facts for which the accusation is maintained, are identified as passive subjects of the coercion were intimidated, physically or verbally, by the action described, or felt intimidated in any way, or had their freedom affected, whether or not they were flags either Spain T-shirts“, underlines the judge.
What is proven “is that without a doubt that day, near the field of Sadar There was a series of troublesand in some cases verbally and physically violent behavior against the national police “responsible for the security of the sporting event, for which however there remain no charges”, underlines the judge.
In this regard, he denounces the fact that, during the hearing, the facts were not described as crimes of disturbing public orderof attempt either resistance to law enforcementas yet they had initially been classified in the investigation of the case.
It specifies that the test carried out complied with this initial qualification, essentially with any possible crimes of disturbing public order And attemptwhen the agents who are members of the system have made statements, but this is not the offense of coercion which ultimately led to the conviction, since none of the people identified as passive subjects of the criminal behavior testified in the courtroom.
In the judge’s opinion, the evidence provided was insufficient to prove the facts and therefore the commission of a crime. crime of duressfor which, on the other hand, the now accused, then indicted, had not been questioned during the investigation.
However, as there is sufficient data in this case on altercations arrived with National Police Officers on the day of events near Sadarthe judge undertakes to transmit this resolution to the aforementioned police force in the event that they could constitute administrative violations susceptible to sanctions.