Barcelona Prosecutor Appeals Acquittal of Dani Alves in Sexual Assault Case
The appeal raises constitutional issues and follows a recent court ruling that absolved the former footballer.
The Provincial Prosecutor's Office of Barcelona has announced plans to file an appeal against the sentence from the High Court of Justice of Catalonia (TSJC), which acquitted Dani Alves of sexual assault charges.
The prosecutor's office cites violations of constitutional provisions and legal infringements as the basis for their appeal.
This move allows for the possibility that the Supreme Court will make the final ruling on the matter.
The appeal comes five days after the TSJC's ruling, which overturned Alves' previous four-and-a-half-year sentence connected to incidents that occurred on December 30, 2022, at the Sutton nightclub in Barcelona.
The court unanimously concluded that the evidence presented was insufficient to override the presumption of innocence.
In their 101-page decision, the TSJC argued that convicting sentences must meet a "strengthened standard of motivation" and emphasized that the testimony of the victim could not solely dictate the outcome.
"What must be evaluated regarding the testimony is its truthfulness, meaning the correspondence between the content of the testimony and what actually transpired, which is only possible with objective elements that allow for such determination," stated the TSJC.
The court also indicated that the victim's account does not align with reality and noted significant discrepancies in the details presented regarding the events of that night.
The judges agreed that while the detection of untruthfulness in part of the victim's testimony does not automatically disqualify the entirety of her statement, such untruthfulness significantly impacts the reliability of the witness's information.
The prosecutor's appeal, along with an anticipated appeal from the private prosecution, will escalate the case to the Second Chamber of the Supreme Court.
The TSJC's ruling modified key aspects previously established by the Provincial Court of Barcelona, prompting Spanish Deputy Prime Minister María Jesús Montero to assert that the presumption of innocence should not take precedence over the victim's accounts.
Montero later revised her statement, leading to a backlash from various judicial associations, both conservative and progressive, which issued a joint statement reaffirming that the presumption of innocence is a fundamental right and a cornerstone of the rule of law.
The General Council of the Judiciary (CGPJ) also released a unanimous statement calling for political responsibility in light of the government's portrayal of the judiciary.
Judicial sources report that these comments made during a PSOE event represent a "very dangerous" trajectory initiated by the government in recent years, potentially undermining public trust in judges.
The prosecutor's office cites violations of constitutional provisions and legal infringements as the basis for their appeal.
This move allows for the possibility that the Supreme Court will make the final ruling on the matter.
The appeal comes five days after the TSJC's ruling, which overturned Alves' previous four-and-a-half-year sentence connected to incidents that occurred on December 30, 2022, at the Sutton nightclub in Barcelona.
The court unanimously concluded that the evidence presented was insufficient to override the presumption of innocence.
In their 101-page decision, the TSJC argued that convicting sentences must meet a "strengthened standard of motivation" and emphasized that the testimony of the victim could not solely dictate the outcome.
"What must be evaluated regarding the testimony is its truthfulness, meaning the correspondence between the content of the testimony and what actually transpired, which is only possible with objective elements that allow for such determination," stated the TSJC.
The court also indicated that the victim's account does not align with reality and noted significant discrepancies in the details presented regarding the events of that night.
The judges agreed that while the detection of untruthfulness in part of the victim's testimony does not automatically disqualify the entirety of her statement, such untruthfulness significantly impacts the reliability of the witness's information.
The prosecutor's appeal, along with an anticipated appeal from the private prosecution, will escalate the case to the Second Chamber of the Supreme Court.
The TSJC's ruling modified key aspects previously established by the Provincial Court of Barcelona, prompting Spanish Deputy Prime Minister María Jesús Montero to assert that the presumption of innocence should not take precedence over the victim's accounts.
Montero later revised her statement, leading to a backlash from various judicial associations, both conservative and progressive, which issued a joint statement reaffirming that the presumption of innocence is a fundamental right and a cornerstone of the rule of law.
The General Council of the Judiciary (CGPJ) also released a unanimous statement calling for political responsibility in light of the government's portrayal of the judiciary.
Judicial sources report that these comments made during a PSOE event represent a "very dangerous" trajectory initiated by the government in recent years, potentially undermining public trust in judges.
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Translated by AI
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