Help Service for Victims of Police Brutality on 1 October
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HELP SERVICE FOR VICTIMS OF POLICE BRUTALITY ON 1 OCTOBER FINAL REPORT BC N October 2017 Oficina per la No Discriminació Carrer Ferran, 32 08002 Barcelona T: 934 130 000 barcelona.cat/oficina-no-discriminacio Direcció de serveis de drets de ciutadania i diversitat Ajuntament de Barcelona October 2017 TABLE OF CONTENTS 1. ANTECEDENTS AND JUSTIFICATION 4 2. OBJECTIVES 5 3. SERVICE DESCRIPTION 6 4. QUANTITATIVE ANALYSIS OF CASES AND INTERVENTIONS 9 5. QUALITATIVE ANALYSIS OF CASES AND INTERVENTIONS 12 6. GROUP WORKSHOPS 16 7. CONCLUSIONS 20 1. ANTECEDENTS AND JUSTIFICATION In July 2016, Barcelona City Council ap- provided support for the following organi- proved Barcelona City of Rights, a frame- sations: Irídia Centre for Human Rights; work programme for human-rights-based SIRECOVI, the warning system for cases policies in the city. Among the main themes of institutional violence; SOS Racism and to be developed, three priorities were es- others. At the same time, projects based tablished. These consisted of: rejecting on prevention and training were also car- hate speech and discrimination; promot- ried out with citizens in general and with ing citizen rights and full citizenship; and the authorities. rejecting institutional violence. At the same time, the Barcelona City of Civil liberties - the right to demonstrate, Rights programme establishes the OND the right of association and the right of free Office for Non-Discrimination as one of the speech - all have a common denominator: municipal mechanisms to ensure human they are considered instrumental rights rights. Founded in 1998, this Office has that are used to defend other rights. An- extensive experience providing assistance other shared feature is that these rights are to people affected by discrimination and 4 generally exercised in the street or public whose rights have been violated. places. The authorities have to protect Oficina per la No Discriminació these rights and ensure the necessary For this reason, as a result of the serious conditions so that citizens can exercise nature of the initial information concerning Help Service for Victims of Police Brutality these rights. At the same time, the authori- police brutality and abuse on 1 October, on 1 October ties have to ensure that these rights are Barcelona City Council was able to react respected and that the authorities them- quickly and set up an ad-hoc service. Final report selves do not jeopardise these rights by behaving in such a way that could be con- On 16 October, a first preliminary report sidered institutional violence. was presented. The final version of this re- port collates the data and results of the To implement the third priority, during the service provided from 3 to 20 October, the months of the programme’s application, period in which the special service oper- work was carried out with organisations ated. and groups that share this objective. This 2. OBJECTIVES The Help service for victims of police bru- To choose the most relevant cases to insti- tality on 1 October has three objectives: gate private prosecution proceedings through strategic litigation with the aim of To provide quality legal and psychosocial achieving favourable outcomes that es- assistance to people who directly experi- tablish a precedent to prevent this type of enced police brutality or abuse and who event from occurring again. are, therefore, victims of institutional vio- lence. This assistance can be provided either to individuals or to a group. To independently collate the testimonials of affected persons with a view to creating a report on the violation of human rights. 5 Oficina per la No Discriminació Help Service for Victims of Police Brutality on 1 October Final report 3. SERVICE DESCRIPTION The Help service for victims of police bru- fered legal and psychosocial assistance tality on 1 October was established to pro- by a team consisting of a lawyer, a psy- vide the following types of assistance: chologist from Irídia and a psychologist or social worker from OND. During the inter- • Legal consultation and assessment for view, psychosocial support and contain- the victims and family members of po- ment strategies were used, and victims lice brutality. were offered follow-up support if neces- sary, as we can see below. • Psychosocial assistance and support for the victims and family members of The first assessment visit, which lasted police brutality. between one and one and a half hours, aimed to obtain basic and necessary in- • Community support via group work- formation about the victim’s experience of shops in polling stations and neigh- the police brutality to enable a subsequent bourhoods where police repression oc- evaluation to be made and determine the curred, providing psychosocial support psychological and legal assistance re- 6 and/or legal consultation. quired for each case. This information grouped together different aspects, such Oficina per la No Discriminació The service: as: type of police brutality; physical and psychological effects of the police brutal- Help Service for Victims of Police Brutality • took place from 2 to 20 October; ity; context in which it occurred; identifica- on 1 October tion of person or persons responsible; • involved collaboration with various or- specific location of the affected person; Final report ganisations; instruments used; medical reports; imag- es, videos and photos; and eye-witness • consisted of three communication statements of the events that can be used channels to manage cases: telephone, as legal evidence of the police brutality email and in-situ visit; and the injuries inflicted. • had standard opening hours; The interviews consisted of providing psychosocial support to identify symp- • was completely free. toms related with trauma, taking into ac- count the type of impact and injury expe- The Help service for victims of police bru- rienced with the aim of strengthening tality on 1 October offered comprehensive prevention and obtaining information to legal and psychosocial support to every- make the relevant referrals to specialised one who contacted the service via an initial services if deemed necessary. Further- psychological-legal interview. more, the affected persons were given coping and empowerment strategies to The OND staff organised and monitored promote self-confidence and a feeling of the interview times and dates, which were strength. Taking into account that the le- scheduled by phone or by email. If inter- gal process involves coming into renewed views were arranged by phone, the inter- contact with the traumatic experience, ested person was asked to provide au- which can lead a person to relive their thorisation for registering the personal trauma and come under high stress, emo- details they agreed to facilitate. Further- tional support was provided. This enabled more, when people went to the Help ser- the person to construct a strengthening vice location, the OND staff implemented narrative and prevent them from relapsing the initial phase of receiving people and into repeated trauma. For those cases in noting down the reason for their visit. which the media intervened, or in which Subsequently, the victim was interviewed harassment by the media was detected, in an interview room, where they were of- increased symptoms of stress and anxie- ty were noted. In these cases, increased • follow-up phone call to evaluate the support and emotional endurance strate- person’s symptoms and provide sup- gies were needed. port; Legal assistance consisted of providing • second assessment interview if an assessment on the legal channels for deemed necessary. The second inter- reporting the violation of rights and the view was conducted by the same psy- brutality inflicted by the police on 1 Octo- chologist who conducted the first as- ber. Support was provided for people sessment interview. At this interview, making a statement before the Duty Court the psychologist decided whether they of Barcelona who had not already made a should offer further visits, refer the indi- statement about the police brutality expe- vidual to other public services, make a rienced and who wanted to do so, or for follow-up phone call or rule that no fur- people who had made incomplete state- ther follow up was considered neces- ments. Furthermore, in most cases, the sary. people had already made a statement to the Catalan Police on 1 October or in the • For those cases that were considered 7 following days. In these cases, the legal strategic in terms of litigation, more fre- Oficina assistance provided consisted of consul- quent individual visits were conducted per la No Discriminació tation and support for the collation of evi- and support was offered throughout Help Service for Victims dence for legal proceedings. Evidence of the legal process. of Police Brutality the occurrences consisted mainly of pho- on 1 October tos of injuries, videos and photos of po- All the interviews conducted were de- Final report lice brutality, medical reports on psycho- signed jointly with the person to adapt logical effects, medical reports on them to the person’s needs and ensure physical injuries, eye witness reports, that comprehensive support was provid- identification numbers of police officers ed. that engaged in brutality or additions to eye witness accounts made. Therefore, The OND legal service decided if the case collecting evidence proved one of the was only to be registered for the service largest, most important tasks, both for in- report accompanied with the standard le- dividual cases and in order to make this gal report or if a complementary report evidence available to the Magistrate’s was filed recommending that Barcelona Court responsible for investigating the City Council bring a case and act as a events. prosecutor, thus exercising the function of strategic litigation. After the first interview, the lawyers re- contacted those people who required The victim was asked if they wanted to some type of follow-up. Further legal sup- sign an authorisation enabling Irídia and port was given based on individual situa- Barcelona City Council to jointly process tions.