Office of Justice for Victims of Overseas Terrorism: Barcelona
From the Office of Justice for Victims of Overseas Terrorism (DOJ/OVT)
We at the Office of Justice for Victims of Overseas Terrorism (DOJ/OVT) established this webpage to provide information regarding the August 17, 2017 Barcelona terrorist attacks to American victims and family members of those killed or injured. We extend our sincere and heartfelt sympathy for the loss and suffering that you have experienced.
On this webpage, we have gathered publicly available information about the Spanish legal system and victims’ compensation fund, as well as the status of the case. We have done our best to include only accurate public information on this site and we will update the webpage as soon as possible with new developments as we learn of them. Please feel free to call or write to us with any questions, comments, or suggestions you may have. You can reach us at nsd.ovt@usdoj.gov or (202) 233-0701.
One final request: we are providing this webpage as a service to American terrorism victims and their families only. We ask that you not share the web address or passwords with others, as this website is not available to the public. We hope that you find the information below useful.
Sincerely,
Office of Justice for Victims of Overseas Terrorism
National Security Division
Information about the Office of Justice for Victims of Overseas Terrorism (“DOJ/OVT”)
Please visit our public website for more information about DOJ/OVT’s mission and to locate other resources. If you have obtained U.S. or foreign counsel, please let us know if you would prefer that communications be sent directly to them.
DOJ/OVT will post updates to this website as new information regarding the Spanish criminal justice proceedings becomes publicly available. You may choose to enter this website periodically to check for updates, or if there is information of immediate concern, we may contact you directly. However, if you prefer to be automatically notified of website updates by email (GovDelivery), please subscribe below.
Notes regarding GovDelivery service: 1. If you click, you will be taken to a third-party website (that manages delivery of these notification emails) and asked to submit your email address. If you have any concerns about subscribing to this service, please see the DOJ Privacy Policy. 2. Entering your email address for this purpose will NOT update DOJ/OVT contact records. If your email address has changed and you still wish to be contacted by DOJ/OVT, please reach out to your DOJ/OVT point of contact with your new address. |
General Information Regarding the Spanish Legal System
Spain does have an office in their Ministry of the Interior devoted to victims of terrorism, the General Directorate of Support to Victims of Terrorism. Additional information can be located at the European Commission's E-Justice portal under "Rights of victims of crime in criminal proceedings - Spain".
This is a DOJ/OVT introduction to foreign criminal justice legal systems that may explain differences between the U.S. and other legal systems: International Legal Systems: An Introduction (Guide).
A Note Regarding This Website
Many Spanish government resources appear in English, although an important one is only available in Spanish (see below). Some links below may be linked through Google translate, and the accuracy of these translations cannot be verified. Please contact DOJ/OVT if you have questions regarding the materials.
Opportunities for Victims to Participate in Criminal Proceedings in Spanish Court
A victim must either be called to the Court to participate, or file a complaint with Police. It is usually recommended to retain a local attorney who will understand the law and legal system, and be fluent in the language; in other words, this would be done by retaining private Spanish counsel. This is explained in the following document on how to become a part of Spanish criminal proceedings:
. You may also be entitled to free legal counsel and interpretation.
Informational Updates Regarding Victims’ Participation in Spain
There is a trial going on related to the 2017 Barcelona/Cambrils attacks, although it is not specifically with regard to the experience you or your loved one may have suffered. It can be viewed on You Tube (in Spanish) at https://youtu.be/kqVl0Xxor6A (As of January 12, 2024, this link is no longer active). We are told the court dates will be as follows: November 10-11-12-17-18-19-23-24-25-26-30 and December 1-2-3-9-10-14-15-16, beginning each day at 10 am Madrid time.
- If you require Spanish legal advice, we strongly recommend you seek out the advice of a Spanish lawyer.
- Please feel free to contact DOJ/OVT at Andria.Kerney2@usdoj.gov or 202-233-0700 if you wish to discuss this process further; however, please know we cannot provide U.S. or Spanish legal advice.
Status of the Investigation
Questions regarding the FBI's investigation should be directed to the FBI’s Victim Services Division (FBI/VSD). You will find contact information for FBI/VSD below.
This section will be updated as relevant information becomes available. Please be aware that DOJ/OVT does not typically post open source information (news reports, social media postings, etc.) that has not been verified by a governmental resource. News and social media outlets can sometimes be wrong or misinformed regarding details, and it is our goal to provide the most accurate information possible. This may mean that you may see stories on the news or social media that will not necessarily appear on this website. This is not a reflection on the accuracy of the story or the attention paid to it. We care very much about providing you with up-to-date information, but we are not always in a position to confirm or deny every media report. We appreciate your patience and will strive to keep you accurately informed.
Information Regarding Victim Compensation and Assistance from the Spanish Government
The following is information about assistance and compensation that is available as a victim of terrorism in Spain:
The following is information about the procedures to follow in applying for assistance and compensation that is available as a victim of terrorism in Spain:
The following is an application to apply for assistance:
You may be eligible to receive compensation from the Spanish government. You can read more about it at e-Justice's website: "What is the process for claiming damages from the offender? (e.g. independent lawsuit, civil claim, joint civil and criminal proceedings)" The following applications will also be important to the type of compensation you seek:
(in Spanish)
Important Issues to Consider Regarding Victim Compensation from the Spanish Government
- You may wish to consider the possible U.S. tax consequences of accepting compensation from the Spanish government. Please consult with a U.S. tax professional with questions. Accepting compensation from the Spanish government may also affect your application for assistance through the International Terrorism Victim Expense Reimbursement Program (ITVERP) or relevant state compensation programs (details below).
- The above applications require bank account information for submission, and you must consider your comfort level with providing that type of sensitive information. However, know that BIC/SWIFT bank information must be provided, and you will need to contact your bank to obtain this information.
- If you possess a U.S. government security clearance, you may also wish to consider the possible consequences associated with accepting monies from a foreign government.
- You may wish to consult a Spanish attorney, as there may be unique considerations that should be taken into account when calculating a final settlement with the Spanish government.
- You should also consider that when accepting monies from the Spanish government, there might be a subrogation of any further civil claim. In other words, if fines or costs are assessed at a criminal trial, the Court may pay the Spanish government back for any monies they have paid to you prior to any money awards to you. The European e-Justice website provides additional general information about seeking compensation in Spain through the criminal trial or in civil court.
Department of Justice Points of Contact
- The FBI’s Victim Services Division (FBI/VSD) can provide referrals as well as obtain answers to questions you may have about the investigation. The FBI/VSD can be contacted at victim.assistance@ic.fbi.gov or 202-324-3000.
- DOJ’s Office of Justice for Victims of Overseas Terrorism (DOJ/OVT) has assigned Acting Director/Attorney Advisor Andria Kerney to this case. As mentioned above, her contact information is andria.kerney2@usdoj.gov and 202-233-0700. Please contact her if you have questions about any the information provided on this website.
- The following links are for the International Terrorism Victim Expense Reimbursement Program (ITVERP). ITVERP is a unique federal program that provides financial reimbursement for qualifying expenses to qualified U.S. citizens and U.S. government employees who suffered direct physical or emotional injury from an act of international terrorism while outside the United States. The August 17, 2017 Barcelona terrorist attacks have been designated by the Assistant Attorney General as an act of terrorism for ITVERP purposes only, and this designation is not an indication of investigation or prosecution by the U.S. government. This designation does, however, provide for the possibility of reimbursement of the unexpected financial costs associated with being a victim of overseas terrorism.
- This link is for the ITVERP application and various materials.
- Please contact ITVERP at 1-800-363-0441 or via email at itverp@usdoj.gov if you need to discuss the application.
- Some state governments may also provide victim compensation to U.S. victims of overseas terrorism. For more information about various state victim compensation programs, please click here.