Montserrat Roca, from Vila-rodona in Alt Camp, is trying to reopen her 'stolen baby' case in Tarragona, a decade after it was provisionally closed. She seeks to uncover the truth about her child, born in 1976, following new findings that challenge the original court decision.
Around 20 'stolen baby' cases were reported in Tarragona province, all of which were archived. Many were closed due to the complexity of investigations, even when irregularities were found. Ms Roca first reported her case in 2014, but it was archived in 2016.
The original complaint alleged illegal detention, false birth registration, alteration of paternity, and falsification of public documents. The Provisional Dismissal Order from Tarragona's Instruction Court 3 noted "certain anomalies" regarding the foetus's autopsy and the lack of specific burial details. However, it concluded that the child most likely died on 1 September 1976 and was buried in a mass grave at Tarragona Cemetery on 5 September.
New Evidence Challenges Original Ruling
Lawyers for Ms Roca now state they have obtained documents proving "without any doubt" that her newborn baby was taken. Jordi Prat, her lawyer, explained that these "new elements" allow them to request the reopening of the investigation.
The key to this development comes from research by the Observatory for Forced Disappearances of Minors. This organisation, based in Tarragona, works to facilitate family reunions. Its investigation found that, contrary to the court's original ruling, "no foetus was buried on 5 September 1976."
In 2025, the Observatory gained access to the cemetery's entry logs. These records showed that no foetus was admitted to the cemetery between 5 August and 2 November 1976, including on the specific date mentioned in the court's decision. "Therefore, the criminal procedure should not have been archived without the necessary evidence being gathered," Ms Roca's defence argued.
Sílvia Climent, another lawyer for Ms Roca, said: "It has taken us 12 years to access documentation to prove that what was certified then is incorrect." She explained that the initial archiving by the Public Prosecutor's Office and the court was based on funeral home records, which suggested an entry into the cemetery. "But we, as the Observatory, have accessed the actual cemetery entries, and there is no record of any foetus from any hospital or clinic during that time. It is a falsehood or an error in the first certificate. We went to see the books, and that is something the court did not do."
Inconsistencies in the Case
Ms Climent criticised the burden of proof often placed on victims. She highlighted several inconsistencies in the case. "Firstly, the foetus was given artificial feeding even though it was supposedly stillborn. It also did not enter the cemetery, and there is no record of entry or exit at the Joan XXIII morgue. Where is it? We have a disappeared foetus, whether alive or dead, and someone will have to prove it."
This new evidence represents the last hope for reopening the case, more than a decade after it was first closed. Ms Roca's lawyers are now asking the judge for a series of actions related to the birth, which will be 50 years old next year.
They are requesting the identification of the midwife from Joan XXIII Hospital who assisted Ms Roca, to obtain a statement about her involvement and the reasons for the absence of her signature or any mention in official documents. They also seek the birth registration book for Ms Roca's entry to ensure her child was not replaced or given to someone else.
Additionally, they have asked for the death registration book provided to the court. This is to clarify why there is no documentation in the Civil Registry's Abortion File, no certifying doctor for the death, and no real cause of death. It also aims to verify that if a foetus did die, it was indeed Ms Roca's and not another.
Ms Roca, through her lawyers, requested the reopening of the case at Tarragona's Instruction Court 3 in April 2025. "A year has passed and there has been no movement," Mr Prat said. Ms Roca added: "We are not going against anyone, we just want to know the truth. We feel like we, the victims, are the ones who have to investigate. It seems they want us to get tired or for time to pass and for us to no longer be here."
