The Spanish Supreme Court Violates Fundamental Rights of the Catalan Leaders who will Be Tried over Last Year’s Independence Referendum

On Thursday, the Spanish Supreme Court officially finished the inquiry of the referendum case and opened the phase of the trial against 18 Catalan leaders, including the political prisoners who have already spent over a year unfairly imprisoned. The Court, which has accepted Judge Llarena’s findings, will try the Catalan leaders for rebellion, misuse of public funds, and disobedience. The prosecutor’s office and the private prosecutor VOX party have had five calendar days since last Thursday to announce the proposed sentences after which the defense will have five additional days to present arguments calling for the acquittal of the Catalan leaders. This process is expected to end between November 7th and 15th. 

The trial is expected to begin in January with two daily sessions, morning and afternoon, during which the political prisoners will be transferred to Madrid prisons. This will last between two and three months and the defense is seeking to televise it in order to provide international coverage of a trial they believe to be a farce. The rapidity of the Supreme Court in opening the trial in such a complex case, where the defense has not had access to all the necessary documentation to prepare for it, clearly violates the fundamental rights of the Catalan political prisoners and the rest of the defendants. 

The Spanish Supreme Court has dismissed more than three hundred requests for the inclusion of evidence, documents, and testimony such as the information of the ICS on the number of people injured the Oct. 1 by the police with details of clinical diagnosis of each case, the inclusion of numerous videos from the first of October, the provision of medical experts on the injuries of agents who intervened in the October 1st referendum to know how they were done, or the declarations of Méndez de Vigo on September 22 in which he spoke of tumultuous actions anticipating the criminal complaint for sedition and rebellion against the jailed Catalan leaders Jordi Sànchez and Jordi Cuixart presented shortly after by the prosecutor of the Spanish Court.

In addition, Judge Llarena has disallowed the inclusion of evidence from other courts that have also investigated facts over the independence referendum case such as the summary of testimonies collected at Court No. 13 and No.7 in Barcelona. Llarena argues that the facts investigated by these courts “do not have any procedural connection” with the matters being considered by the Supreme Court, and that a “documentary avalanche would only delay the beginning of the trial sessions.” Additionally, the defense for the prisoners has also complained about the difficulty of accessing the documentation included in the summary as well as the malfunctioning of the so-called “virtual cloud” from which they couldn’t consult the full documentation of the summary. 

The Supreme Court’s dismissal of evidence and important documentation to the case, arguing that the trial would then be extended, clearly violates the human rights of all the prisoners and defendants and shows a lack of guarantees in what is expected to be a trial for political motivations. Thus, it appears that the prison sentences against the Catalan political prisoners have already been written before the trial has even started and that the trial itself will be a mere performance. In the meantime, this is also expected to be an important opportunity for pro-independence leaders to demonstrate the nonexistence of the crimes of rebellion, misuse of public funds, and disobedience that they are being accused of, as well as the constant violations of human rights perpetrated by the Spanish State against them. 

The eagerness of the Spanish State to destroy the pro-independence movement is likely to fail and backfire on them. This unfair trial is expected to cause widespread indignation through Catalan society, and those people will likely take to the streets in mass numbers in an attempt to push the Catalan government to implement the republic and call for its peaceful defense. This could hit or even collapse the Spanish and EU economies, forcing the EU to recognize Catalonia as a new State or forcing the negotiation of an agreed self-determination referendum.

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