Amaia Zabarte, 05.03.2024. Hit in the back of the head – San Sebastián

n March 5th, when, before the Champions League match between Real Sociedad and Paris Saint-Germain, Amaia Zabarte was struck in an unjustified police charge by the Ertzaintza (Basque Police) near the Anoeta stadium. She attended the match as just another Real Sociedad fan, with her husband and nine-year-old son. She was admitted to the ICU at Donostia Hospital after being hit in the back of the head during clashes 

On a  a 41-second video showing Amaia  can be seen falling to the ground after being struck by something heavy, and then being kicked by an Ertzaintza (Basque police) officer. It provides insight into what Amaia did. As her husband, Joseba Novoa, stated on SER DEPORTIVOS GIPUZKOA radio

“She didn’t act recklessly, nor was she unconscious; she wasn’t to blame for what happened to her,” contrary to what they’ve been led to believe. “It’s social justice for Amaia, for my wife. I said I wouldn’t stop until we clarified what happened, and now with these images, we see what happened, and now everyone can draw their own conclusions”. From now on, “the evidence speaks for itself,” and they hope that the justice system will take action, “open proceedings, and summon the parties involved to testify.“

“18 months since they almost killed” his wife “in front of dozens of Ertzaintza officers, barely 20 meters away ,” and that “to this day, the Ertzaintza has not brought the perpetrator before a judge.”

” The investigation is not just disastrous, it’s beyond disastrous . To this day, the investigating judge has not taken a statement from any Ertzaintza officer, and she won’t until November,” 

“How can it be that in front of dozens of Ertzaintza officers they almost killed my wife and they still haven’t found the perpetrator? What do they think society is going to think? That the Ertzaintza is a completely incompetent force, or that they clearly know who the perpetrator is and don’t want to reveal him?”

The case prompted an internal investigation by the Ertzaintza (Basque Police) and the release of a video of the incident , leading the EH Bildu and Sumar groups to demand in the Basque Parliament that those responsible for the incident be held accountable.

In parallel, the Court of Instruction number 4 of San Sebastián opened an investigation into the matter for public disorder, although it provisionally dismissed it shortly afterwards due to the absence of a known perpetrator.

This dismissal was appealed by the victim’s family to the Third Section of the Gipuzkoa Provincial Court, which decided to revoke the provisional dismissal of the case and ordered the investigating court to carry out new investigative procedures, including taking a statement from the victim , which took place on April 7.

Several Ertzaintza officers have begun testifying in San Sebastián (Gipuzkoa) on charges related to the incidents that occurred around the Reale Arena stadium before the Real Sociedad-PSG football match. The case had to be reopened by order of the Gipuzkoa Provincial Court, and the San Sebastián judge needed twenty months to summon the officers to testify. They began appearing in court this Tuesday. The Public Prosecutor’s Office did not even appear, so any requests for conviction will be left to the private plaintiffs.

As has happened in many other Ertzaintza attacks, the judge tried to close the case as quickly as possible, without even hearing from the victims, but the Gipuzkoa Provincial Court forced him to reopen the case this time.

The police version

According to the newspaper Gara, the first officer to testify was the one in command of the three Ertzaintza vans on March 5, 2024. According to Amaia”s lawyer, that officer denied what seemed indisputable: he said that “they hadn’t fired foam projectiles” and that “he didn’t see any officer kick Zabarte,” despite video evidence to the contrary.

The police officer who kicked Amaia while she was on the ground defended his actions in April, claiming she had “tripped.” He maintained this same version in his statement on Tuesday. Furthermore, the aforementioned Ertzaintza commander suggested to the judge that Amaia “fell to the ground the first time because a stone hit her,” despite the fact that, as Gara points out , the footage shows her falling to the ground because of something thrown from where the Ertzaintza were positioned.

The recordings show no altercation before the Ertzaintza’s charge, but even so, the police have maintained their version: that they supposedly “suffered attacks” that afternoon and that is why they charged at the people. However, they have not proven this claim at all. One of the officers, in giving his testimony, explained that there was no disturbance until 10 minutes before the charge, because the match was about to start.