The Provincial Court of Barcelona has overturned a lower court's decision, ordering it to reopen a case concerning the use of pepper spray by Mossos d'Esquadra during pro-Palestine demonstrations in Barcelona last October. The higher court believes the police action "could be understood as disproportionate given the peaceful nature of the protest," according to court documents.

The court's Section 10 questioned the necessity of using pepper spray, which it described as a "dangerous instrument," to disperse activists. It also found "indications that the plaintiffs suffered injuries" and suggested these could have been caused by the Mossos' intervention. The court deemed it premature to validate the use of pepper spray without sufficient investigation.

Investigation into Police Conduct

Consequently, the Provincial Court has urged Investigating Court Number 6 to accept and process the complaint. It also called for statements to be taken from those affected, citing the justice administration's obligation to conduct a thorough investigation. Organisations involved in the prosecution, including Alerta Solidària and Irídia, welcomed the decision.

These groups believe the reopening of the case will allow them to submit various images. They claim these images identify "at least two police officers who used the sprays and their hierarchical superior," according to a statement from the organisations.