Jailed Catalan Leaders Jordi Sànchez and Jordi Turull Go On Indefinite Hunger Strike

The Catalan political prisoners Jordi Sànchez and Jordi Turull, leaders awaiting trial for last year’s referendum, announced earlier this Saturday they were starting an indefinite hunger strike to protest over their treatment by Spanish courts.

Official Declaration of Jordi Sànchez and Jordi Turull from Lledoners Prison 

<< We denounce:

the blockade of European justice that the Constitutional Court imposes upon us

Timely access to the courts without delay or unnecessary obstacles is a right that every person has. Failure to exercise this right with full guarantees and in fair conditions can lead to irreparable damages and damages to fundamental rights.

The cause investigated by the Spanish State on the Referendum of October 1, evidences a lot of affectations on our fundamental rights, including the presumption of innocence, freedom, political rights and the rule of law, a judicial process with all due guarantees. The violations of the European Convention on Human Rights and the International Covenant on Civil and Political Rights are quite prominent in many of the resolutions that both the Supreme Court and the National Court have issued against us since October 16, 2017, when the first pre-trial detention orders were issued.

Our determination to have a fair, lawful trial is stronger than ever. We have not ceased to appeal all those violations of our rights that the Spanish courts have committed. But it is the international courts, and in particular the European Court of Human Rights, where today we deposit the trust to get justice.

The Constitutional Court (CC), however, blocks our access to European justice. The action of the CC is as simple as blatant: to accept 100% of our appeals for constitutional protection of fundamental rights, to be processed later on in order not to resolve any of them.

According to official data of the CC, the accepted number of appeals ranged between 1% and 1.5% of the total number of those presented. In our case, they are filed 100%, then forgotten in a drawer. The Spanish legislation (Criminal Procedure Act) and the doctrine of the same Constitutional Court, stipulate that the appeals against pretrial detention orders must enjoy preferential processing and must be resolved within a maximum period of 30 days. The first appeal for constitutional protection of our fundamental rights, accepted by the Constitutional Court against the pre-trial detention order decreed by the National Court, was filed on November 22, 2017, more than 365 days ago. An unjustified delay, and more so if we keep in mind the records of quick resolutions resolved by the Constitutional Court in several occasions, where it has met even on a weekend and only 24 hours after its intervention has been requested.

We ask for an impartial and diligent Constitutional Court, which should not impede the exercise of our rights. We denounce the blockade that the Spanish Constitutional Court de facto imposes upon us to access the European Court of Human Rights (ECHR). We reaffirm our determination, in accordance with the European Convention on Human Rights, to fully exercise our defense rights. We will never give up on our right to a fair trial.

We do not ask the Constitutional Court for any treatment of favor. But we do not passively accept any discrimination or unwarranted procrastination. The question is not even that the Court would rule in our favor, but simply that the appeals presented would be unblocked (by being not admitted or by simply being rejected). Only in this way, will the road to access Euro- pean justice be opened to us. We are well aware that the longer it takes for us to access the European Court of Human Rights, regaining our freedom will take longer as well.

We denounce the blockade of European justice imposed on us by the Constitutional Court. And we do so with all the strength and dignity of a line of political action strongly rooted in non- violence. Thus, we will resort to one of the few legitimate forms of protest that being imprisoned allows us; by conducting a hunger strike.

We will not do it against anyone, but in favor of creating awareness and fostering action to prevent the acceptance of something that is not normal as normal. The irregular functioning of the Constitutional Court is of severe seriousness in a State of Law. And that must appeal to all democrats, whichever their political choices are.

We ask for the attention and support of all the democratic people of Catalonia, Spain, Europe, and the World. We invite you to preserve the civic and peaceful attitude that has made us so strong over these years. We urge the”Smile Revolution” to flourish through events that will continue to be celebrated in Catalonia in the form of concentrations, “yellow dinners”, and concerts in the coming days and weeks. And we also ask for our hunger strike not to alter the spirit or celebration that these dates, close to Christmas and New Year’s Eve, bring to the majority of us.

We are grateful, finally, for the solidarity of all women and men who feel interpellated and committed to the effective defense of rights and freedoms, personal and collective.

 Together for dignity and until freedom is reached!

 Jordi Sànchez and Jordi Turull

Prison of Lledoners, December 1, 2018. >>

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The World Organization Against Torture (OMCT) Demands the Immediate Release of Jailed Catalan Leaders Jordi Cuixart and Jordi Sànchez

The largest network of NGOs against torture and inhumane treatment in the world, the World Organization Against Torture (OMCT), has called for the immediate release of two jailed Catalan leaders; Òmnium Cultural’s president Jordi Cuixart and the former President of the Catalan National Assembly (ANC), Jordi Sànchez.

The OMCT demands that accusations against the two jailed Catalan leaders be dropped, considering that they are unfounded. They also argue that keeping them in pre-trial jail is a restriction of their fundamental rights.

In the letter, which focuses on Jordi Cuixart, and is signed by Secretary General of the OMCT, Gerald Staberock, the organization calls for an end to the harassment against Cuixart and Sànchez and seeks to guarantee their right to a fair trial.

Another concern for the OMCT is that these two leaders of civil society will be tried in the Spanish Supreme Court. This is worrisome, especially when recalling the latest controversies about how the members of the high court are appointed, which cast doubt on the separation of legislative, executive, and judicial powers.

The OMCT believes that the political nature of the trial against the Catalan leaders is highlighted by the participation of the far right Vox party as a private prosecution.

The letter also points out that Cuixart has appealed to the courts for release on several occasions but “with no success,” and argues that to be “compatible with international standards,” pre-trial imprisonment “must only be applied as a last resort.”

The OMCT recalls that the right to freedom of assembly consecrates the freedom to meet, debate, and discuss whenever the organizers of the meeting have peaceful intentions, means, and ways. Additionally, at this point, the entity emphasizes that the term “peaceful” must be understood as a behavior “that can annoy or offend, and even prevent or hinder third-party activities.”

The OMCT already publicly condemned the “indiscriminate and excessive use of force by the police in Catalonia during last year’s independence referendum” and called for an immediate and impartial investigation.

READ the full statement here

The Catalan Police Group Guilleries Warns that Spain’s Police Agents Participate in Far-Right Unionist Squads

On Friday, the Catalan police group, Guilleries, released a statement on Twitter where they reported that agents of the Spanish police Civil Guard had participated in a unionist far-right group meeting that had acted across Girona’s region (Catalonia) over the last few months. 

On Tuesday night, the Catalan police were alerted by an unnamed local source neighborhood of a far-right group meeting in a bar in Figueres (Girona) that was allegedly preparing to remove Independence symbology and yellow ribbons from numerous towns across the region of Girona.

When the Mossos arrived, they observed that two men from the group left the bar and got in a black color car. That’s when Catalan police followed and intercepted them. The surprise was when the two men in the car identified themselves as agents of the Spanish police Civil Guard.

According to the Mossos, these two agents were “nervous and cooperated very little.” They refused to give any explanation about why they were participating in a far-right group meeting. In this regard matter, the Catalan police demand that the Spanish Ministry for Home Affairs clarify what tasks are being carried out by the hundreds of Spanish police agents deployed across Catalonia that are not part of the ordinary staff. “It would be unacceptable that public resources are being spent to integrate police officers into squads aimed at provoking civil strife.” The Guilleries group of Mossos warns of the presence of Civil Guards infiltrated in extremist unionist squads.

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The Catalan Government’s Plan for this Legislature

The Catalan government has elaborated a plan for “four years,” not only for a few months as the Spanish media have been speculating recently. 

With this legislation, the government will focus on the freeing of political prisoners, the return of exiles, the reinstatement of Puigdemont as President of Catalonia, and the negotiation of an agreement for a self-determination referendum with Spain without ruling out unilateralism as a way to implement the Republic if the negotiations fail.

 The government is also expected to launch a Civic, Social, and Constituent forum before October 15th, which will set the foundation for the Constitution of the future Catalan Republic. This process is expected to end with a Constitutional referendum by the end of the legislature.

In addition, President Torra has announced that his administration will implement 14 social laws suspended by the Spanish Constitutional Court, even if the negotiations with the State fail. These laws would allow the government to significantly improve the quality of life for the immense majority of Catalans.

The government’s plan also includes the implementation of a total of 1,000 measures such as a primary health care plan that also identifies social problems in walk-in clinics, the transformation of culture into a basic social right, a national plan to help the nearly half a million disabled people in Catalonia, a quality work market, gender policies, protecting teachers, a national pact on the knowledge economy, and taking engineering and technological paths.

The government will also put special emphasis on the march for civic and social rights announced by Torra at a National Conference on September 4th.

“We must refrain from making a nostalgic or sentimental look,” he said. It must be a day by day protest in which we peacefully confront the state to exercise our right of self-determination,” he added. For him, the referendum was “the founding moment of the Catalan Republic.”

In regard to the public diplomacy body (Dipoclat) which was dismantled by the previous Spanish administration, the Catalan government will continue consolidating and expanding it worldwide. The Government is currently reactivating foreign delegations. Last week, for example, the Catalan Minister for Foreign Affairs Maragall reopened the Catalan delegation in Berlin (Germany) despite the fact that the Spanish Minister for Foreign Affairs Josep Borrell announced a contentious-administrative appeal to halt the reopening of the offices.

President Torra is expected to give more details about his government’s plan during the general policy debate set for the second and third of October.

 

Spanish Supreme Court Violated its own Regulation Appointing Judge Llarena as Judge of the Second Chamber of the Supreme Court

One of the most important Spanish associations of Judges, Judges for Democracy, filed a lawsuit requesting the annulment of the appointment of Judge Llarena as Judge of the Second Chamber of the Supreme Court for violating the regulation, the law, and the Constitution.

This illegal promotion would have occurred making Llarena the instructor of the special cause against Catalan leaders in prison and exiles, since the whole procedure would have been oriented to the judge occupying the vacancy of the Second Chamber of the Supreme Court — which tackles special cases of politicians with parliamentarian immunity — clearly breaking the rules of distribution of the Special Causes approved by that same High Court.

As the Spanish newspaper Público revealed a few days ago, on March 18, 2016, Judges for Democracy filed a contentious-administrative appeal against the appointment of Llarena at the Supreme Court in defense of the legal and constitutional rights of the magistrates excluded in the selection of the Permanent.

According to Judges for Democracy, Llarena’s appointment “was done without respecting the principles of merit and capacity established in Article 23 of the Spanish Constitution. “It also violated two articles of the Organic Law of the Judicial Power, three articles of its Appointment Regulations, and three articles of the Spanish Constitution, which clearly shows the interference of “someone” from the Spanish government, to appoint a “friendly” judge to instruct the special Catalan case.

In 2017, the Criminal Chamber of that same High Court, chaired by Manuel Marchena and formed by four other judges that formed the Chamber of Admission, decided “to irregularly appoint Judge Llarena as instructor of the Catalan case.”

In doing so, the Judicial Branch breached its own regulations. Llarena was the last judge on a list of 5 Supreme Court judges: 1) José Ramón Soriano Soriano, 2) Miguel Colmenero Menéndez de Luarca, 3) Antonio del Moral García, 4) Andrés Palomo del Arco, 5) Ana María Ferrer García and 6) Llarena, who should have received the task of instructing this cause in accordance with the provisions of the Agreement of the Government Chamber, dated December 21, 2016, regarding the composition and operation of the Chambers and Sections of the Supreme Court and assignment of presentations that the magistrates must submit in 2017.

This Agreement states:

 “When the appointment of an Instructor proceeds, his designation will be carried out according to the order of seniority, excluding the President and the Judges that form the Admission and Resource Rooms.”

 In conclusion, the current law and regulation is clear with the procedure to appoint the Instructor of Special causes: however, this case has been flagrantly violated by the Admissions Board Speaker and President of Second Hall, Manuel Marchena, close to the PP, who appointed the last Judge on the list, instead of the first of the judges according to the period established by seniority.

These efforts to appoint Judge Llarena as instructor of the case against Catalan political prisoners and exiles by someone close to the PP and the Spanish government, clearly shows the nonexistent separation of powers in Spain and that the whole case against Catalan leaders (still commanded by the PP) is a farce without any kind of legal  guarantee for the prisoners, who will probably end up with unfair prison sentences of up to 30 years.

Over a Million Demonstrators Demand the Implementation of the Catalan Republic

Over a million demonstrators have flooded Barcelona’s streets to demand the implementation of the Catalan Republic and the immediate release of all Catalan political prisoners, according to figures provided by the police.

People of all ages were seen in the protest, many of whom were wearing flags for independence, banners calling for the freedom of political prisoners, and T-shirts with the slogan: “We make a republic.” 

The atmosphere was festive. This is the seventh consecutive mass pro-independence demonstration held in Catalonia on September 11th, becoming the only country in the world that has been able to mobilize such a large number of people year after year. 

VIDEO: https://www.patreon.com/posts/21357281