The tenth section of the Audiència believes there are indications that the plaintiffs suffered injuries due to police action. Furthermore, it suggests that this action could be considered disproportionate, especially given the peaceful nature of the demonstration.

The case revolves around the police charge against demonstrators who were sitting on the ground during a mobilization against the genocide of the Palestinian people. The complainants, supported by the Stop Gas Pebre platform and various social and trade union entities, assert that the Mossos made indiscriminate use of oleoresin capsicum (OC) spray, commonly known as pepper spray.

The Audiència has determined that the reported events warrant investigation and has ordered the opening of proceedings, the taking of statements from those affected, and the continuation of the inquiry. It also criticized the lower court for accepting the police version without conducting any prior investigation, reminding that justice has an obligation to "exhaustively" investigate complaints of possible degrading treatment by state agents.

The resolution also confirms that there are sufficient elements to identify potential perpetrators. According to the plaintiffs' press release, images have been provided that identify at least two officers who used the sprays and their hierarchical superior.

The lawsuit was initiated by a group of affected individuals with the support of entities such as Alerta Solidària, Irídia, CGT Catalunya, COS, Intersindical, Sindicat de Llogateres, and the Plataforma Antirepressiva de Barcelona. The complaining groups have also criticized the opacity of the Departament d'Interior, noting that they have had to file several appeals to obtain the Mossos' pepper spray usage protocol.

This decision by the Audiència comes months after a high-ranking Mossos official publicly defended the use of pepper spray in contexts of "generalized violence," amidst growing controversy over the use of this chemical agent in social protests.