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4F case

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Exterior of building
Anarkopenya, the squatted building where the initial events took place, photographed in 2005

The 4F case concerns the events of 4 February 2006 in Barcelona, in which a policeman patrolling outside a rave was gravely injured after being hit by a falling object and nine people were arrested in consequence. A trial two years later convicted seven people, one of whom was then pardoned. On appeal to the Supreme Court, the sentences were lengthened and one person committed suicide.

The 4F case caused controversy and resulted in a film, Ciutat morta, which argued that the convictions were unjust. The film was viewed over 500,000 times when screened on Catalan television, which then created a further debate both about the case and more general issues such as police violence and gentrification in Barcelona. New mayor Ada Colau pledged to reform the Guàrdia Urbana. In 2020, the case returned to the media after one person who had been convicted was sentenced to 20 years for a murder in Zaragoza.

4 February

Refer to caption
The convicted Rodrigo Lanza in 2012

On the night of Saturday, 4 February (4F) 2006, a rave was happening at the Anarkopenya squat at 55 Calle Sant Pere Mès Baix in the Ciutat Vella district of Barcelona.[1][2] It had been occupied since 2002.[1] When the Guàrdia Urbana (municipal police) patrolled the area, objects including flowerpots were thrown from the roof. One policeman was hit on the head and fell unconscious.[3]

The police began to arrest people on the street including three men of Latin American ancestry with European passports, namely Alex Cisternas, Rodrigo Lanza and Juan Pintos.[4][3] In total there were nine arrests.[5] According to the later testimony of Lanza and Pintos, the three men were beaten and tortured at the police station. Their injuries were so bad that they were taken to Hospital del Mar.[4] At the hospital, the police encountered Patricia Heras and Alfredo Pestenas, who were there after a bicycle crash elsewhere in the city. They checked their phones and decided to arrest them also.[4]

Trial

Joan Clos, former mayor, pictured as director of the United Nations Human Settlements Programme in 2011

All of those arrested had European passports, yet only the three men of Latin American ancestry were remanded into pre-trial detention.[6] At trial in 2008, seven people were convicted of their charges. They were sentenced to between three and five years in prison.[4] Mayor Joan Clos had said on 5 February 2006 that the policeman had been injured by a flowerpot thrown from the roof of the squat. If he had given evidence to that effect, the prosecution case would have fallen apart, but he changed his story to say that the policeman was hit by a stone.[7] A forensic report which confirmed that the policeman had been hit by an object from above was submitted to trial but ignored by the judge.[3]

The group of three men had already served two years and therefore could be released, but on appeal to the Supreme Court of Spain their sentences were increased so they went back to jail.[4] Cisternas was sent to Cárcel Modelo in Madrid.[7] Despite the two having been charged and convicted together, Alfredo Pestenas was pardoned and Patricia Heras received a three year sentence.[7] Whilst on release in April 2011, she killed herself by jumping off a balcony.[7]

Ciutat morta

Activists paste up the new name of Cinema Patricia Heras on a squatted cinema in 2013

Soon after Patricia Heras had committed suicide in 2011, Xavier Artigas and Xapo Ortega met at the beginnings of the 15M movement at Plaça de Catalunya and decided to make a short film commemorating her life. This project then became the film Ciutat morta.[4] It challenged the official narrative about the events of 4 February and suggested the people convicted were not guilty of offences, but rather guilty of being "incívicos", namely people who were considered "uncivil" since they were assumed to be skateboarders, street drinkers, sex workers and squatters.[4][8] The film accuses the police, the justice system and the doctors of permitting torture.[9] It premiered at a squatted cinema and when it was eventually shown on Catalan television received over 500,000 views.[8]

Later convictions

Two of the police officers alleged to have beaten up the three men were Bakari Samyang and Victor Bayona.[4] In October 2014, they were themselves convicted and imprisoned for beating up and torturing a man in 2006. The two off-duty police officers had been challenged by the student from Trinidad and Tobago for harassing a woman in a bar. He was the son of a diplomat and complained about how the officers had taken him to a police station and tortured him, resulting in their convictions.[7] The two men were imprisoned for two years and three months.[10]

Rodrigo Lanza was imprisoned for five years after a 2017 barfight in Zaragoza with a man who had been a member of the far-right party Falange Española de las JONS since the 1980s. The man was struck and fell over, later dying of his injuries. In 2020, Lanza's sentence was increased to 20 years.[11]

Legacy

The 4F case generated a controversial debate, which broadened from the voicing of concerns regarding the innocence of those convicted into a discussion about the moral state of the city of Barcelona.[2] As part of the gentrification of Barcelona, mayor Joan Clos had introduced the Plan for the Promotion of Civic Virtues which penalised behaviours such as begging, skateboarding, public urination and prostitution. Framing these actions as a matter of public hygiene, almost 150 fines were issued every day.[8] The 4F case challenged this discourse and the investigation by journalists from La Directa which accompanied the film Ciutat Morta noted that it was curious a building which was owned by the city council of Barcelona in a residential area and occupied purely for raves without a connection to the political squatting movement had been tolerated for several years, suggesting it had been deliberately left alone in order to make the neighbours move away.[1][12]

On the issue of police violence, a professor of social anthropology asserted there had been no change in police tactics since the end of the Franco dictatorship and Amnesty International released a report in 2007 which condemned both the impunity of police officers from prosecution and the bias of judges.[7] Under a new administration led by Ada Colau, the city council of Barcelona pledged to make a new behavioural code for the Guàrdia Urbana which would encompass video surveillance in all custody areas and the right for arrestees to see a doctor unaccompanied by an officer.[13] An investigation into police wrongdoing was stymied by the disappearance of all documents related to the case and as of 2017, no convictions had been overturned.[13][14]

The policeman struck on the head became tetraplegic and has never spoken publicly about the events. He was awarded the Police Merit Cross in 2013.[15] The book Ciutat morta: Cronica del caso del 4F (Dead city: Chronicle of the 4F case) was released exactly ten years after the original incident.[2] The 4F case returned to the attention of local media in 2020, when the city council refused to withdraw its prize of the City Award of Barcelona (Premi Ciutat de Barcelona [ca]) for the directors of the film, following the increase in the sentence for Rodrigo Lanza's 2017.[16]

References

  1. ^ a b c Debelle 2018.
  2. ^ a b c Luesma 2016.
  3. ^ a b c Woods Peiró 2018.
  4. ^ a b c d e f g h "El caso más grave de torturas en Barcelona, silenciado por los medios". Publico. 28 December 2014. Archived from the original on 11 November 2020. Retrieved 27 November 2020.
  5. ^ "Ciutat morta sorgeix de la ràbia". Llibertat (in Catalan). 2 August 2014. Archived from the original on 24 October 2017. Retrieved 27 November 2020.
  6. ^ Xavier Artigas and Xapo Ortega (directors) (2013). Ciutat morta (film). Event occurs at 35:07.
  7. ^ a b c d e f "El caso más grave de torturas en Barcelona, silenciado por los medios". Publico. 28 December 2014. Archived from the original on 11 November 2020. Retrieved 26 November 2020.
  8. ^ a b c Delclós 2015.
  9. ^ Rius 2016, p. 129.
  10. ^ "'Ciutat morta', premi al millor documental al Festival de Màlaga". Ara (in Catalan). 29 March 2014. Archived from the original on 10 April 2019. Retrieved 26 November 2020.
  11. ^ Palmer, Jordi (23 September 2020). "Rodrigo Lanza, condemnat a 20 anys pel crim dels tirants". El Nacional (in Catalan). Archived from the original on 1 December 2020. Retrieved 26 November 2020.
  12. ^ Xavier Artigas and Xapo Ortega (directors) (2013). Ciutat morta (film). Event occurs at 1:12:07 – 1:12:45.
  13. ^ a b Liñán, Gemma (4 February 2016). "La Guàrdia Urbana després de 'Ciutat Morta'". El Nacional (in Catalan). Archived from the original on 1 December 2020. Retrieved 29 November 2020.
  14. ^ Colomé, Jordi Pérez (17 December 2017). "La polémica en torno a 'Ciutat morta'". El País (in Spanish). Archived from the original on 23 November 2019. Retrieved 29 November 2020.
  15. ^ Benvenuty, Luis; Figueredo, Enrique (23 January 2015). "Ciutat Morta: Historias tras la película del 4F". La Vanguardia (in Spanish). Archived from the original on 9 November 2020. Retrieved 1 December 2020.
  16. ^ "El Ayuntamiento rechaza retirar el Premi Ciutat de Barcelona al documental 'Ciutat Morta'". Europapress (in Spanish). 20 October 2020. Archived from the original on 20 October 2020. Retrieved 29 November 2020.

Bibliography

  • Debelle, Galvão; Cattaneo, Claudio; González, Robert; Barranco, Oriol; Llobet, Marta (2018). "Squatting Cycles in Barcelona: Identities, Repression and the Controversy of Institutionalisation". The Urban Politics of Squatters' Movements: 51–73. doi:10.1057/978-1-349-95314-1_3. ISBN 978-1-349-95313-4.

Further reading

  • Group Against Criminalization (2018). "Some recent mainstream media representations of squatting in Barcelona". In Squatting Everywhere Kollective (ed.). Fighting for spaces, fighting for our lives: Squatting movements today (1. Auflage ed.). Münster. pp. 325–342. ISBN 9783942885904.{{cite book}}: CS1 maint: location missing publisher (link)