The Barcelona Court has ordered the reopening of proceedings against Xavier Manso, Jordi Rodrigo and David Goicoechea, three Mossos d'Esquadra officers, over allegations that they helped Carles Puigdemont leave Barcelona after his brief appearance on 8 August 2024.

The ruling means the case against the three officers, previously closed by Barcelona Investigating Court No. 24, can move towards trial. For Catalonia residents, it restores judicial scrutiny of the conduct of the Mossos d'Esquadra, Catalonia's regional police force, during a high-profile operation in central Barcelona.

According to the Barcelona Court resolution cited by La Sexta and reported by ARA, the court upheld appeals brought by the Public Prosecutor's Office and private prosecutors Vox and Hazte Oír.


Court rejects the earlier dismissal

The investigating judge closed the case in late April after finding that the three officers had no duty to arrest Puigdemont because they were not on duty. One officer was on holiday, one was on leave and the third was on sick leave, according to ARA's account of the proceedings.

The Barcelona Court disagreed, finding indications that the officers may have failed to pursue an alleged offence. It said the officers' presence at an event organised by the Assemblea Nacional Catalana, or ANC, at Arc de Triomf was not simply accidental.

The officers' presence at the ANC event where Puigdemont appeared “was not merely coincidental”, the Barcelona Court found.

Puigdemont, the former president of the Generalitat and leader of Junts, appeared at the event before Salvador Illa's investiture as president. At the time, the Supreme Court had an arrest order in force against him in connection with the 1 October independence referendum case, according to the reporting.


Alleged failure to pursue an offence

The court accepted the Public Prosecutor's Office position that the three officers could be investigated under Article 408 of Spain's Penal Code. The provision concerns public officials who fail to pursue offences they are required to act on, and can lead to disqualification from public office.

The Barcelona Court instructed that, if the investigation has concluded, the case should be sent for trial. Lawyers Gonzalo Boye and Isabel Elbal have sought the case's dismissal on behalf of Rodrigo, Manso and Goicoechea.

The court's decision does not determine whether any of the three officers is guilty. It reverses the earlier closure and allows the proceedings to continue towards a possible trial.


Reported by Source Text Link, ARA, Mayte Piulachs, Elena Burés, Marina Gonzalez Yuste, Oriol Solé Altimira, larazon.es, barna.news, lasexta.com, THE OBJECTIVE, La Sexta Barcelona.