<<The Ruling of the Audiencia Provincial de Barcelona, 5 th section of October 17, 2011 sentenced the officers of the Guardia Urbana of Barcelona: VICTOR BAYONA VIEDMA and BAKARI SAMYANG DAVILA as perpetrators criminally responsible for a COMPLETED CRIME OF SEVERE TORTURE, in competition with a CONSUMED INJURY, imprisonment for 2 years and 3 months, the penalty of disqualification for 8 years and 3 months, and a fine of 35 days>>.
Victor Bayona Viedma (agent number 24751), Samyang Bakari Davila (agent number 24738).
Herrero Javier Ortega (agent number. 25121), Jordi Gil Tares (agent number 23957), Antonio Clemente Relats (agent number 24278), Raul Aguilar Alvarez (agent number 25101)
FACTS
On September 7, 2006 Yuri Jardine, some friends, the assailants, an other five off-duty polices unidentified with, were in the disco Bikkini Barcelona.
About 1:30 pm Bayonne approached Yuri group of friends, and when this came to tell him that bothered started a brawl.
According to Bayonne, he pushed, and Yuri broke a glass in his face, producing a cut, and was reduced by another 5 agents. Yuri received a beating at the track and a hit with another vessel that gave him a court, not knowing who it struck.
But here starts the hard but ordinary situation:
Yuri was transported in a van to the headquater. In the way Samyang hit him his two cheeks. He was taken to the notorious police station zone. In retaliation, in a room, and before uniformed police and plainclothes:
<<In the coercive presence of Bakari Samyang Davila, other uniformed officers and plainclothes unidentified ones the repeated Bayona released to Yuri several punches and kicks till he overthrow the ground, where he continued to be beaten by those present not appreciating the direct cause of them. Once they let up the detainee continued to beat, coming Bakari Samyang Davila, to do with a blunt head, after which the latter would put a cigarette in his left shoulder, and finally Victor Bayona Viedma with a mop, rubbed Yuri Jardine face. Samyang Bakari Davila then asked anyone present to give him a gun telling Yuri if he was teaching a game, no one would be the>>.
In addition to cuts, bruises and threats of all kinds Yuri wound caused a cigarette in his left shoulder.
Yuri was charged with” criminal injuries” and “attacks against the Authority and Public Health”, for what he called 10 years in prison. To his surprise the agents accused of selling hashish to justify its intervention, detention and torture.
POLICIAL SET:
First: Hashish
Samyang and Bayona and agents say that the interventrion was motivated by Yuri tried to sell them hashish. The judge did not believe it, because agents, in the conduct of the arrested, did not prevented the defendant to get rid of the drug during all processing, there was no search at the discoteque and finally during this search at police station no drugs was found. Magically appears after days. The judge dictaminated the substance was stolen from another case "to falsely incriminate Yuri".
Second: Agent Unconscious
Bayona said the glass hit and left him in coma from the blow, wich exculpate all the events in the station. The judge did not believe it. In logic, to remain in coma, should have been taken to hospital as soon as possible, in addition to their punishable negligence committed partners (denial of relief). No employee of the local saw no one lying on the floor.
Agents Ortega and Aguilar say attended Bayona when he fell unconscious, reaffirming the fact. The judge does not believe it because the alleged injuries caused by the fight.
The statements of the two yuri’s companions are considered by the judge "consistent and reliable," a sure that her friend's aid for the harassment of BayonA, which is corroborated by the affected.
Third: Torture:
Courts in the face of Yuri- the cop said he made when he fell down. The judge did not believe it, becouse the forensic report.
Cigarette Burn The judge does not believe the version of Yuri.
Blows to the face. The patrol leader, 16,240, that brought him to the station, ensures that only the skull had not the face. The judge believes, that were produced later.
The ambulance was 2 hours in the police station. The judge is incomprehensible to 3 brief interventions and does not explain how, if Bayona was unconscious, he was taken to hospital. On the contradictions of the ambulance man considered his testimony "unreliable."
LEGAL ASSESSMENT:
Acquittals:
The rest of the police unable to confirm other intervention on facts rather than those of Bayonne and Samyang, presumption of innocence, dubio pro reo, are acquitted.
Aggravating:
The attackers were agents of the authority, acted with abuse of office against a detainee as punishment to the filing of Yuri on the wishes of Bayona, generating intentional physical and mental condition.
The tortures were considered serious by their extension in time and be out of sight of other people, were held at police and tried to cover up with false accusations against the detainee.
Faced with such facts in the allegations of the defense counsel requested the judge to consider whether there were "false allegations", "Simulation of crime" and "forgery of public documents." The request was denied.
CONCLUSIONS
It made less an interview Yuri Jardine, whom we welcome the outcome of the trial. But remember that he was lucky, his father was a diplomat from Trinidad y Tobago and we certainly dig the available resources that are not common. Any other person, to such facts, would be behind bars. A clear example of the case detainees 4-F.
Everything that has happened was caused by a fight in a disco that was complicating to a apocalyptic level where the detainee's life was in danger. The police treated him like an inanimate object that hit, a sack of meat, a bag of bones to finally bask in the submission. This behavior serves a childish personality, weak, frustrated, unable to solve their own problems, pressured, that when you have the option exercises his power as an outlet to feel better achieve its goal, the humiliation. But that made us back to earth, if you want problems you will find them, even if you're police.
Due to the seriousness of what happened after we forget the cause of incident: a male is rejected by a female and this, not accept, attacks the first thing is, in this case his partner. This attitude is more than macho, is pathological, because the sufferer has consequences that will prevent him from leading a normal life.
The simple assembly thanks to a piece of hashish, and the word of the cops. The disassambly it is not so simple: official reports and search for witnesses and contradictions. Examples are the aforementioned case 4-F or “detainees in the demonstration for affordable housing”: 0 tests and many police witnesses. A backpack lost, a wellplaced bag or simply nothing good enough. That the judges will create a series of grunts and babbling incoherent does not say much of their sense of justice.
All officers of the police station was involved, some having more fun than others, all accomplices, which indicate how far the practice is widespread and practiced. It is absurd to think that this is not common in Spain. Daily beatings are immigrants, undocumented or protesting. The Documentation Centre Against Torture CDCT the notes. http://www.nodo50.org/tortura/spip/, and if we have no http://www.es.amnesty.org/paises/espana/tortura-y-malos-tratos/ AmnestyInternational reports, the which make up.
Thanks for your help mates.
Iin Spain torture is the most common. We now know the names of these fascist, society must know to protect themselves. Police, are public enemy number one.
Health and freedom.
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