A judge in Barcelona has provisionally archived the case against three Mossos d'Esquadra officers investigated for allegedly helping former Catalan president Carles Puigdemont escape from the city on 8 August 2024. The court found no evidence of coordinated actions by the agents to prevent his detention or help his escape, according to a ruling seen by ACN.
The ruling states that after the investigation, it was not possible to confirm the officers acted "jointly and coordinately" to help Puigdemont, who still faced an arrest warrant from the Supreme Court despite the amnesty law being approved two months earlier. "There are not enough indications to affirm that a link existed between them aimed at achieving this objective," the document says.
Testimonial and expert evidence was "especially relevant," the ruling notes. None of the investigated officers' colleagues involved in the pre-procedural investigation reported seeing them perform any "material aid or favouring of the escape." While audiovisual material shows the three agents at the scene, where "thousands of people gathered and demonstrated," and a police report indicated they accompanied and protected Puigdemont, no specific conduct by the officers that "effectively contributed to his escape" could be identified during the instruction phase.
No Evidence of Concerted Action
The judge added that the "mere presence" of the three investigated individuals at the scene cannot lead to the conclusion of "concerted action and prior preparation" among them. "None of the recordings document typical conduct: there is no concealment, nor gestures of help in Mr. Puigdemont's escape. Nor is communication observed with him after getting off the stage after his speech, or afterwards. Or at the time of the transfer/escape to France, a phase in which the investigated individuals had already been detained."
Furthermore, an inspection of the three officers' mobile phones showed "no communication between them and/or any number linked to Mr. Carles Puigdemont between 00:00 on 8 July 2024 and 23:59 on 9 August 2024." Given these circumstances, the magistrate believes the alleged crimes that led to the case's formation are not "duly justified."
Officers Not on Duty
The ruling also points out that none of the three agents were on duty that day. One was on sick leave, another on personal leave, and the third on holiday. The judge reiterated that no "conduct" aimed at facilitating Puigdemont's escape was observed. The ruling also stressed that the investigated officers "did not have the authority to order the arrest and, moreover, as it is not recorded that they had received orders in this regard, they did not have the duty to carry it out."
The judge also dismissed the possibility of a crime of concealment. No "active conduct" by the investigated officers aimed at "concealment, material aid in the escape, or elimination of evidence, nor abuse of public functions, that is, taking advantage of their position," was observed. The Penal Code, the judge reminded, "does not punish passivity, but sanctions actions," in this case "activity aimed at concealment, which has not been proven."
Similarly, the judge rejected other suggested crimes by popular accusations, such as disobedience or denial of assistance. For these reasons, the magistrate ordered the provisional archiving of the case. This resolution is not final and can be appealed.
