Marlaska opens disciplinary file on police for incident with estelada flag before Barcelona vs Elche

The Spanish Interior Ministry has moved forward in the case of the Barcelona supporter hit by National Police officers before the LaLiga match against Elche on August 23. Fernando Grande-Marlaska announced on Wednesday in Congress that a disciplinary file has been opened for alleged serious or very serious misconduct against the officers seen in the video seizing a Catalan estelada flag from a young man and striking him on the ground. The minister said the use of force cannot be justified by the fact that the victim was carrying a symbol he described as fully legitimate.

• The Interior Ministry opens a file for alleged serious or very serious misconduct after an internal investigation into the August 23 events.
• Marlaska says carrying an estelada flag in no way justifies the behaviour of the police officers.
• The minister was answering a question from Junts MP Marta Madrenas during the government control session in Congress.
• The video shared on social media shows officers hitting the young man on the ground after taking his flag.
• Madrenas also reported another flag incident on Sunday in Alcorcón, which Marlaska says had very different circumstances.

From internal investigation to a formal disciplinary file

Opening the file marks a new stage in the process launched by the Interior Ministry. Marlaska explained that after starting an official investigation into the events, the authorities have now moved from that preliminary stage to a formal disciplinary file. The aim is to determine whether the officers' conduct amounts to a serious or very serious breach under the National Police disciplinary regulations.

The minister made his remarks during the government control session in the Spanish Congress, in response to a question from Junts MP Marta Madrenas. The Catalan lawmaker had raised the issue in parliament to demand explanations for an incident that drew widespread criticism after the images began circulating online.

What the video from the Barcelona vs Elche matchday shows

The events under investigation took place around the stadium where Barcelona and Elche were playing on matchday two of the LaLiga season. A video recorded by fans shows several National Police officers taking an estelada flag from a young man. The situation escalates when the supporter confronts the officers, at which point he is struck several times and ends up on the ground.

The spread of those images forced the Interior Ministry to respond. The official investigation was launched without waiting for a formal complaint, and it has now led to the disciplinary file that will determine how much responsibility each officer bears.

The estelada: a legitimate symbol for Marlaska

The police action is in no way justified, regardless of the fact that the person was carrying an absolutely legitimate symbol such as the estelada flag.

With that statement, Spain's Interior Minister ruled out using the origin of the confrontation as a mitigating factor. Marlaska has consistently defended the legality of Catalan pro-independence symbols, but on this occasion his words have been followed by concrete disciplinary measures against the officers involved.

The estelada is an unofficial version of the Catalan flag with an added star, widely used by the pro-independence movement. Its presence at sporting events has caused tensions with security forces on several occasions, particularly since the Catalan independence push of 2017.

The contrast with the incident in Alcorcón

Madrenas did not limit her remarks to the Elche episode. She also reported a similar incident involving another estelada flag last Sunday in Alcorcón, in the Community of Madrid. The MP gave no further details in her question, but the minister offered an initial assessment of the case.

Marlaska asked for the Alcorcón events to be put into context. According to the information he has received, he said the circumstances of that episode are completely different from what happened in Elche. The minister did not say whether this second incident will be subject to any investigation by his department.

What happens next in the disciplinary process

Under National Police disciplinary rules, very serious offences have specific limitation periods that can reach up to three years depending on the circumstances, while serious offences can expire within six months or a year. Once a file is opened, the administration generally has up to six months to reach a decision, with possible extensions in certain cases.

Opening a disciplinary file does not automatically lead to the immediate suspension of the officers involved. That precautionary measure can be taken during the proceedings if it is considered necessary, but the Interior Ministry has not confirmed whether any of the officers has been removed from duty so far.