Sergeant major of the Ertzaintza condemned as author of a homicide, assignment with serious professional imprudence, that brings cause of the firing of rubber balls.
Provincial hearing Biscay, Sentences 29 November 2018
Newspaper the Law, Number 9383, Section Jurisprudence, 22 of March of 2019, Publishing Wolters Kluwer
The agent broke his position of guarantor by the rank that she had, and infringed his to have to value the situation on the land when not preventing the harmful results that could be produced with the inadequate action of the agents to their position.
The Provincial Hearing of Biscay condemns to the person in charge of the operative police officer as author, default, of a crime of homicide by serious professional imprudence and acquits the five agents who shot with rubber balls.
Start up by the UEFA a safety by a party of the League, after gaining the party the Athletic Club of Bilbao, many fans celebrated the victory in a zone with numerous bars. Arisen a fight, several agents when arriving at the place, they began to shoot with rubber balls, hitting one of them on the victim who passed away by craneo-encephalic traumatism.
The police action was not just, in agreement with the norm and protocols of action in situations of public order, because the little launching of objects on the part of the fans could have cut without needing using rubber balls since it became by other patrols in other zones.
The police load was inadequate in addition to by the characteristics of the alley, with reduced dimensions and with a single route of exit, by the existence of an agglomeration of people, it gave rise to a atrapamiento situation and brought about panic situations.
The Hearing condemns to the basque policeman responsible for operative by imprudent homicide in its modality of commission default to the allowed salary irregular activities of its subordinates, and acquits to the rest of prosecuted to not to have been able to determine which of them shot the ball that hit against the victim.
The Supreme one, in relation to an imprudent homicide given to a policeman, comes indicating that indeed by the own professional roll of the agent of a military unit, and for being expert of the implicit risk in all use of the arms, it must do all the possible one to neutralize it.
The conduct of the defendant, not even leaving the van being the control of greater rank of the place, and not to communicate the real situation to the Head of Operations, as well as not to assume the responsibility of the situation and really, not to avoid the police load although she was not just, is reproachable penal because if the police load had not taken place not it would have caused the result of the death.
It broke his position of guarantor by the rank that it had, and infringed his to have specific to suitably value the situation on the land when not preventing the harmful results that could be produced with the inadequate action of the agents to their position.
The sentence affirms that of to have realised the behavior due the result had been avoided, with an almost accurate probability.