The First Chamber considers his right to effective judicial protection violated for not carrying out the minimum steps to clarify what happened
The Constitutional Court has unanimously upheld the photographer Sira Esclasans and has ordered the reopening of the case to clarify why she was hit in the leg by a Mossos d’Esquadra foam ball, while covering the protests that were produced in Barcelona in 2019after making known the sentence of the ‘procés’.
The First Chamber of the high court has ordered rretrogress the performances until the moment in which the Court of Instruction number 25 of Barcelona ordered the filing of the proceedings that it itself had opened as a result of the complaint and injury report presented by Esclasans. From there, you will be able to take a statement from her and from the people that are necessary to clarify why she was hit with the foam ball while she was covering the disturbances as a press.
Davant the Department of the Interior @mossos It has disparate bales of foam tot and have the press just davant and accredited. A bullet has ricocheted to menys d’un pam de la meva esquerra mentre estava treballant bed. Brutal feina dels @SanitarisxRep pic.twitter.com/2z0APyeXvW
– Sira Esclasans (@siraesca) October 16, 2019
The court acknowledges that the photographer saw violated their right to effective judicial protectionbut without defenselessness in relation to his right not to be subjected to torture or inhuman or degrading treatment, nor to the right to freedom of information, since protection is not granted as a journalist, but as a citizensources from the Constitutional Court told EL PERIÓDICO.
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As such, she has the right to be investigated as to why she was hit by the projectile launched by the Mossos during the disturbances, regardless of whether she was carrying out her work. Her right to effective judicial protection was affected by not carrying out any procedure aimed at investigating what happened.
The Constitutional annuls both the order of the court that put an end to the proceedings and that of the Provincial Court of Barcelona that confirmed the previous resolution. Now the court must “proceed in respectful terms with the fundamental right violated“, which implies carrying out the necessary diligence to find out what happened.