The Barcelona Public Prosecutor’s Office asked the judge not to accept the processing of the complaint filed by six female activists against the National Police agent DHP. Infiltrated the social movements of Sant Andreu barcelona and in the trade union movement between May 2020 and October 2022. Allegedly, the police officer may have had sexual and romantic relationships with them in order to obtain information by hiding his true identity. The then Mayor of Barcelona, Ada Colau, wrote a letter to the Minister of Internal Affairs, Fernando Grande-Marlaska, asking for explanations regarding the activities of this police officer.
The complaint was made by:six crimes of ongoing sexual abuse, several crimes of torture, discovery and disclosure of secrets, and obstruction of civil rights. Barcelona Instruction Court No. 21 must now decide whether to accept the complaint. The prosecution argues that the events described by the activists “do not reveal that any act that could be considered a crime was committed, and therefore it is not appropriate to accept the complaint.”
In the document sent to the court, which must decide whether to open an investigation, the prosecution examines in detail each of the crimes attributed by the complainants to the national police. Regarding the alleged sexual abuse, the public ministry stated that the six women “were adults at the time they consented to sexual intercourse, and there was no evidence that they experienced any restrictions on their ability to consent” or “were in a situation where they were sexually abused.” has a special sensitivity” ” and this factor “dominates”. The document adds: Women are “freely received before or during sexual intercourse, without violence or intimidation.” and maintained that consent throughout their practice.” According to him, it is “unknown” whether the activists told the defendant they would never have any relationship with a police officer.
Torture and moral integrity
The prosecution also denies the allegation of torture. “Even based on the hypothesis that the DHP defendant had sexual intercourse with the defendants in order to obtain information, there was no asymmetrical relationship between them when these occurred,” he states. In other words, the agent cannot abuse any duty required by this crime because he does not know that the women are police officers. “Sexual relations and friendships based on free consent are also not compatible with criminal action,” he emphasizes.
Likewise, the prosecutor’s office Denies that a crime against moral integrity has been committed. The prosecutor’s office said, “The behavior of their sexual partners hiding their status as police agents while their sexual-emotional relationships continue in a completely normal manner cannot be considered as degrading treatment.” said. “Just because the complainants felt uncomfortable after the incident does not make their experience a humiliating act,” he says.
The prosecution also fails to take into account that the agent committed a crime. The crime of revealing secrets, nor does it prevent the exercise of civil rights. “The complaint does not indicate any action that any of the six plaintiffs were prevented from performing. These rights are said to have been undermined, but the truth is that they remain intact. They can exercise these rights as they did before. The facts,” it emphasizes.