Justice Beatriz Eva Roman did not need even four days to give her opinion in the case of the indictment of Aintzane Mendia Tubacex. Amurrio was arrested and injured by the Ertzaintza on 17 June 2021 before the court of the same town. The woman insists that she did nothing and that everything was a police assembly to criminalize the strikers’ struggle.
Now, the judge has confirmed that at least the acts against him, whether blows or arrests, were unfounded, thanks to the videos recorded by the citizens themselves.
Acquittal of the accused against the word of the Ertzaintza, infrequent
Those who know the atmosphere of the courts -- lawyers, police, defendants, judges -- know that it's not so common to read judgments against an agent's word. Therefore, it is not surprising that in the 11-page judgment the judge uses several to explain what the principle of innocence is and what is necessary to leave it with nothing.
It is also noteworthy that Beatriz Eva Roman should remember that, on more than one occasion, officials' statements do not have the value of "complete proof" and should be critically valued.
The version of the prosecution agents, one after the other
With this starting point, unfortunately unusual, the judge has individually distorted the statements of the accusing agents. In fact, he who shot Aintzane Mendia and stopped him said in his statement:
- That Tubacex workers were occupying bidegorri against their orders.
- That he didn't give Aintzane Mendia blows.
- The woman grabbed her wrists and pulled back, then hit her head, but looted her blow. That the supposed punch had to have given him in the face.
The first statement was denied at the trial by the head of the Mobile Brigade, who was in charge that day, who assured that he had given the strikers permission to be in bidegorri.
The second thesis (which did not hit the detainee) is misled by the video used in the trial, as confirmed by the judge, as it is clear that the agent ' s bargain hits Mount Aintzane. This agent is easily identifiable as your helmet has two white lines.
Finally, and based on the video recorded by a citizen, Beatriz Eva Roman concludes quite significantly that ertzaina "has not been able to explain how it is possible for women to mature in that way (by dolls) with papers that had their arms raised. In the recording, you also don't see the time of the aforementioned blow chest. However, the explanations given in this regard may be questioned, as it is said that the blow did not go to the chest, but to the head, and that it avoids such contact because it moves away. It is difficult to understand that when a person acts willingly or intentionally to cause harm or pain, he decides to lead a blow to the same part of the body heavily protected by a helmet, and it does not seem credible that the blow that goes to the head ends in the chest."
Video recorded by citizenship, key
In order to understand the acquittal, it must be borne in mind that the judgment reflects that, in this case, the audiovisual testimonies recorded by the citizens have been essential. In fact, the images of the chambers of the Amurrio Court were not revealing and, moreover, technologically they could not be handed over to the court.
In view of this and taking into account the statements of the Ertzainas and the workers of Tubacex, the video received by a citizen has decompensated for the strike balances, the words of which were in full agreement with the images: The lakes didn't hit anyone, they pushed him back and the ertzaina pulled ahead. Other images have shown that the woman did not once resist the detainee, which was the other charge, in addition to the attack.
In any case, the great weight of the citizens’ video shows why the police, and the Ertzaintza has not been an exception, let alone in the labour conflict in Tubacex, for recording citizens who repeatedly threaten them or various media for their interventions, using the so-called Mordaza Law. Because they demonstrate the credibility of their statements.
These videos, in the case of Aintzane, have facilitated the acquittal, but in Catalonia they have served to bring to trial a member of the Mossos Mobile Brigade who arrested a young man inventing an attack.
What you see in the video and what the judge doesn't value
According to Aintzane Mendia, the video recorded by the village has another interesting episode. In other words, in the video you can see in the sixth second that the police chief of the operation makes a gesture to the ertzaina who stops and soon a blow comes to the woman and her arrest.
For the mountain, this notoriety is important because it shows that action against it was not casual, but consensual before and for political ends; criminalize the strikers of Tubacex, causing conflicts with their arrest. However, although the Mobile Brigade hit several workers that day in front of the camera, the workers faced the offensive peacefully and, according to Mendia, the project was left with nothing.
The reflection of the worker was also exhibited by journalist Txabi Alvarado Bañares Aiaraldea.eus over a year ago.