Man who was filmed defecating in public by police in Malaga awarded more than 16,000 euros in compensation

A man suffering from an anxiety condition, who was filmed by the Local Police force while defecating in public, will receive compensation of 16,338 euros from Malaga city council for the "psychological and moral damages" suffered as a result of the dissemination of the content "without his consent".

It was 4.43am on 1 December 2022, when the Local Police stopped the complainant for running a red traffic light near La Rosaleda stadium. The driver then said he was feeling unwell and asked for permission to stop to relieve himself, not expecting that the scene would be recorded and disseminated by the police on WhatsApp. The video of him defecating even reached his work colleagues, who started to "mock and make fun of him by passing the content from one to another". The consequences of the police officers' acts had a "great impact" on the complainant's work and personal life.

Less than a month after the incident, the man went to the Palma-Palmilla police station to lodge a complaint. Although Malaga city council opened disciplinary proceedings against the responsible officers, which resulted in a 15-day suspension from their duties, the Andalusian advisory council (Consejo Consultivo de Andalucía) has now upheld the driver's claim for damages against the city council.

Proof of the damage was in the clinical report from Hospital Regional from 5 June 2023. According to the document, the victim had already been suffering from an anxiety condition prior to the incident. The first time his GP referred him to mental health professionals was in July 2022.

In the report, the patient said that he had experienced "significant discomfort following the dissemination of images of him", resulting in "feelings of anger and humiliation". According to the mental health expert, "there is a direct link between the imbalance in the patient's mental state and the event reported", which had acted as a "trigger and aggravator" of his mental state.

For this reason, the Consejo Consultivo de Andalucía ruled in favour of the complainant, who had already been on temporary incapacity for work before the incident occurred. Following the events, he was placed on sick leave from January until June 2023.

According to the ruling, the police behaviour demonstrated "direct, voluntary and negligent" actions. It is clear that the officers violated their code of ethics and their obligations under the applicable regulations. Their conduct deserves to be classified as serious or very serious not only for disciplinary purposes, as they had taken advantage of their status as public officials, but also because they are supposed to set an example through their work, which is what earns them the public's trust.