The Third Section of the Administrative Litigation Chamber of the National Court has reached the conclusion that Joan Besolí, partner of the former president of Barcelona Football Club, unfairly spent 645 days in preventive detention and has ordered the State to compensate him with a amount of 70,000 eurosvery far from the 4.6 million that he had been claiming.
The sentence refers to the operation for which Rosell and Besolí were arrested in May 2017 and sent to provisional detention by the Central Investigating Court number 3 of the National Court. They were admitted to a prison on the 25th and remained there until the trial began in February 2019. After the oral hearing, both were acquitted. Rosell has been claiming 29 million euros for the damage caused.
After an unsuccessful claim before the Ministry of Justice, which responded with silence to the file, Besolí arrived at the National Court, where the Third Section of the Litigation has given him the reason that he deserves that compensation because indeed, imprisonment can be called unfair, but not in the amount that he had claimed.
Specifically, Rosell’s partner set the amount taking into account both the “moral damage” suffered and the loss of earnings due to lack of work -the highest amount- or the reputational damage due to the media impact. It included the calculation of the expenses of displacements of relatives to prison from Andorra and their expenses of legal representation. The Lawyers opposed the application of these terms and estimated that the appropriate amount was 20,000 euros.
The court rules out compensation for the media impact of his situation and summons Besolí to claim for the right to be forgotten in the appropriate way. Regarding lost earnings, it does not contemplate compensation for future or “hypothetical” benefits, nor does it see sufficient documentary evidence of what, having to enter, it did not earn.
Regarding the travel costs to the prison, he understands that “they are causally linked to the precautionary measure, in the sense that, if it had not been adopted, no expense would have been made in that regard” and “provided that their accrual”, would be compensable.
«However -says the resolution- these costs are not justified and rather are linked, in the plaintiff’s approach, with »the affective relief« of the moral pain tied to the prison; that is to say, it would be moral damages ».
That is why, finally, the court is left with the recognition that “moral damages” occurred, although it estimates the compensation at a higher figure than the one proposed by the Lawyers. It will be 70,000 euros that must be paid by the Ministry of Justice.
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