The Constitutional Court considers that dismissing the case of the minor who was run over by the Mossos during the post-sentence protests violates his right to effective judicial protection

The representation of the minor who was run over by a Mossos d’Esquadra van during the protests against the sentence of 1 October filed an appeal for protection to the Constitutional Court for the violation of this right to effective judicial protection. The minor considered that the fact that the First Examining Magistrate’s Court of Tarragona had dismissed the case due to the lack of sufficient evidence of criminal responsibility on behalf of the Mossos d’Esquadra violated this right. The Constitutional Court accepts the appeal and considers that the right to effective judicial protection has indeed been violated by the lack of a sufficiently effective investigation. Finally, the Court annuls the resolutions that were outstanding in the case and returns the proceedings to the moment before the were issued. Nonetheless, in January 2023, Tarragona Investigating Court number 1 dismisses the case provisionally.