The judge in charge of the investigation does not rule out that new charges are added during the investigation for the two national police officers who are in provisional prison for the attack on Friday, February 12, a man and his 14-year-old daughter on a terrace of a Linares bar (Jaén) when the agents were not on duty. The two officers are initially being investigated for an aggravated injury crime.
Specifically, in the order in which the provisional arrest is ordered and which has been provided by the Superior Court of Justice of Andalusia (TSJA), the head of Court number 3 of First Instance and Investigation indicates that it is “evident” “the disproportion” in the performance of the two policemen, who were not on duty at the time of the events.
In this way, the judge does not rule out that once the witnesses have been heard and as the investigation of the case progresses “could even lead to new charges being added to those investigated such as illegal detention or torture“.
For the judge, after viewing the images disseminated by social networks, the two policemen used “atrocious violence” against the man and his daughter to the point that even having managed to reduce the man to the ground, “they continue to beat him.”
“It is evident that the detainees acted disproportionately and therefore carried out acts susceptible to criminal reproach.” Regardless of who started the fight, the judge notes that “the despicable aggression perpetrated by the detainees is not justified at all.”
The two policemen maintained in their statement that with their way of acting they only wanted to prevent the man from leaving the place until more police arrived. However, the judge points out that “in their capacity as agents of the State Security Forces and Bodies they should have considered the criteria of opportunity and proportionality when making the decision to prevent Mr. Mendoza from leaving the place.”
The judge adds in the order that the investigated “put into practice the Machiavellian maxim that the end justifies the means” and they began to beat a person to supposedly prevent him from leaving the place.
The entry into prison provision justifies it by stating that “eIt is quite probable that those investigated feel impulses to flee from the action of justice given the high level of the prison sentence that could be imposed on them. ”
To this suspicion contributes, says the judge, “the fact that their family roots are scarce – they have no partner or offspring – and their work roots have predictably disappeared since they have been opened a disciplinary file by the National Police, and it is probable that they are provisionally suspended from their employment, since their regulation weapon has been withdrawn. ”
It also indicates that the aim must be sought to avoid the concealment, alternation or destruction of sources of evidence “since due to their status as policemen” they have greater facilities than the average citizen to find out data that allow them to influence unduly or illegitimately the sources of evidence. evidence, mainly witnesses. ”
Likewise, he points out to argue his decision to enter prison that the measure is also aimed at protecting the victim. “If that feeling of impunity for their status as police officers is not overwhelmingly destroyed, it is more than likely to presage that those investigated could try to undermine the interests, property or rights” of both the victim and those close to them.
Finally, it concludes that “those investigated, through their actions, have shown that they are unable to comply with legal and constitutional mandates, otherwise they would not be in the situation in which they are “.
The two policemen have been in the Seville I prison since Monday, in the specific module for FIES (file of inmates with special monitoring) 4, which corresponds to members of the State security forces and bodies.
Eddie is an Australian news reporter with over 9 years in the industry and has published on Forbes and tech crunch.