Six national police officers accused of an alleged crime of trespassing after entering without a warrant at dawn on December 9, 2020 in an apartment in the Villaverde district of Madrid have defended before the judge that they forcibly broke into the home prevented by a neighbor who warned of the existence of “loud blows and screams,” say sources familiar with the content of the statement. The agents have defended that the intervention was justified to “verify the integrity” of a woman who was in the property and given the possibility that a “flagrant crime” could be committed, which is one of the cases in which it can be broken the inviolability of a home. The other six agents who participated in the operation are cited next Monday.
Clandestine parties and police excesses: breaking the restrictions does not allow agents to enter a home
The defense of the uniformed has advanced that it will request the transcript of the call that that neighbor made to the Police, who has also appeared as a witness and has confirmed that he heard “strong blows” although he has not alluded to the existence of “screams” by part of a woman or a minor, say the legal sources consulted. According to the police report, this neighbor did indicate at the time that a “loud brawl” was taking place and that she could hear the “loud screams of a woman” and “a small child crying.” Once there, always according to the police account, the occupants refused to open the door and “continually uttered insults and threats” to the agents, who have recognized, however, that when they arrived neither the woman nor the minor were shouting.
The version of the agents differs from that of the five occupants of the house, who are charged with an attack on the authority in this same procedure and who in their statement before the judge last July denied having committed any crime. Her lawyer, Marina Fernández, has affirmed in statements to elDiario.es that the entry into the home was in no case justified and has recalled that neither the woman filed a complaint nor the agents urged the opening of any procedure on the possible aggressors.
In addition, the operation lasted more than an hour in total and the agents were in dialogue with the residents for twenty minutes before breaking in by force, which leads the private prosecution to maintain that the “situation of urgent necessity would never have taken place. “which has been established by jurisprudence to justify entering a home without judicial authorization.
According to the report, when pushing the door, the people inside the house caught the foot of a policeman, which led another agent to use a pepper spray inside so that the occupants could move away and his partner could remove the leg. The report reflects that the struggle continued and that a superior ended up ordering “to enter the home with the greatest urgency” due to the “possibility” that a “violent act” had occurred in the home with danger to the woman and the child. less. The occupants were arrested and transferred to the police station, where they were released one hours later without going to court.
In the complaint filed five days after the events, the occupants of the house affirm that their actions were reduced to that of “some young people making noise in a house, nothing more” and accuse the Police of “artificially inflating the infraction supposedly committed “. They claim that the agents’ conduct was “serious, unlawful, totally disproportionate and beyond any justification” and deny having “attacked or attacked” them on the grounds that they were sheltered inside the house. “It is not possible to attack from behind a closed door,” they argue. They also claim to have suffered “multiple injuries as a result of the police attack” and provide medical reports and photographs to support it.