The Commons MEP Jaume Asens presented a complaint criminal in front of the unit Hate crimes and prosecutorial discrimination against the mayor of Badalona (Barcelona), Xavier Garcia Albiolfor four possible offenses linked to the macro-expulsion from the former B9 institute.
The complaint, to which EFE had access, claims that Albiol may have committed the following crimes: refusal of public service for discriminatory reasonshate crime, crime of disobedience to judicial authority and crime of administrative prevarication.
Asens underlines in his letter to the prosecution that the judicial resolution which gave rise to the expulsion conditioned it to “guarantee alternative to housing to the persons concerned in accordance with the municipal protocol of the the homeless“, so that the first was “expressly conditioned” to the second.
Despite this, Albiol repeatedly said that the town “was not going to provide housing or housing resources” and thus “persisted in taking action contrary to the court order,” the letter continues.
Asens also denounces the “institutional tolerance” of Badalona town hall with the “episodes of blockade and neighborhood pressure” which prevented expelled migrants from sleeping in the resources provided by social entities.
Albiol, during subsequent meetings with neighbors during which he reiterated that he was not going to accommodate these people, heard expressions of a xenophobic and stigmatizing nature which “were not the subject of clear and immediate disapproval” from the mayor.
A sentence uttered by Albiol and which MEP Comuns includes in his complaint is: “Give me space, dammit, to try to solve the problem. Otherwise, do what you think.” For Asens, this expression can be “reasonably interpreted as an implicit tolerance of collective intimidation or the use of force.
Four possible crimes
The complainant claims that Albiol refused aid to migrants in a “selective” manner because of their origin and social condition, which would be considered a denial of public service for discriminatory reasons.
The MEP also recalls that incitement to hatred does not require explicit expressions to be committed. He also maintains that there is “indications of repeated disobedience” by not effectively respecting the judicial resolution which protected the expulsion.
Finally, Asens sees an offense of administrative prevarication in the action “contrary to justice and potentially manifestly unjust”.
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