Trial against officers who shot independence activist's eye out on referendum day gets underway

Wednesday sees the only trial related to police violence seen on the day of Catalonia's 2017 independence referendum get underway. 

The vast majority of cases, including of police violence towards voters and activists as well as from people towards police officers, are covered by the amnesty law relating to Catalonia's independence push, but the investigating judge determined that this case would go ahead due to the extent of the injuries caused. 

The trial is set to unfold Wednesday and Thursday this week, September 16 and 17, as well as September 30 and October 1. 

The prosecution and the defense teams had requested amnesty for the officers, but the court ruled that it could not be applied because the injuries were so severe that they fell under one of the law's exceptions excluding them from the legal pardon.

Catalan pro-independence activist Roger Español lost his right eye on the day of the referendum, October 1, 2017, after being shot with a rubber bullet from a distance of 14.12 meters, thus closer than regulations allow. 

In its ruling, the Barcelona Provincial Court noted that the amnesty law excludes intentional acts against individuals that result in the loss or loss of function of an organ or limb, the loss or loss of function of a sense, or severe deformity.

Nine years later, those involved will have their day in court. 

Español is seeking a nine-year prison sentence for the officers for the crime of causing injury resulting in the loss of an organ, and a four-year sentence for torture.

His legal team argues that the defendants should be charged with torture, maintaining that the shot causing the loss of his eye "was fired in retaliation for his participation" in the independence referendum and thus demonstrated a "clear intent to punish him."

According to the indictment, the four accused officers were "fully aware that there was no danger to any of the acting police officers or to third parties," that "the gathering was peaceful," and that "given the close proximity of the demonstrators, it was highly probable that rubber bullets would cause serious injuries."

Facing trial is the individual police officer who fired the rubber bullet as well as three commanding officers. 

However, the public prosecutor is not pressing charges against the officers, instead providing a 26-page document detailing the circumstances of the independence referendum, the training and instructions received by National Police riot squads, and ultimately arguing the officers were fulfilling official duty.

The prosecution asserts that when the police officer fired the round that led to the loss of roger Español's eye, the agent's field of vision was "partially obstructed by the presence of other police officers directly in front of him." It also states that he never considered there to be a significant risk of serious injury.