Summary Last Week of Independence Trial: June 11 and 12

June 11, Day 51 of Trial

CLOSING ARGUMENTS OF THE DEFENSE

– Andreu Van den Eynde, representing the former Catalan vice-president Oriol Junqueras and foreign minister Raül Romeva:

I still don’t know when this uprising is taking place. The people did not go out to topple the state, they went to vote and protest. The defendants refused violence, no message where they promote it has been found. However, they have found many messages where the accused defend peace. It’s about knowing if a politician has the right to speak about self-determination. Freedom of expression also protects the opinions that hurt.”

Andreu Van den Eynde also referred to the trial verdict, which is expected to be announced sometime between July and October, as an “opportunity to resolve the conflict by returning the conflict to politics.”

Xavier Melero, representing the former interior minister Joaquim Forn:

The Catalan government breached its own declaration of independence and instead made provisions for the application of Article 155 [the suspension of self-rule in Catalonia]. I am aware that this may annoy some people.”

Lawyer Pina, representing the former ministers Jordi Turull, Josep Rull and Jordi Sànchez

“The passive resistance shown by citizens is incompatible with the concept of a public uprising.”

– Josep Riba, representing the former justice minister Carles Mundó, refuted the charge of misuse of public funds:

“There is no evidence that the Catalan government spent anything on the referendum logistics or ballot boxes.”

 

June 12, Day 52 of Trial

CLOSING ARGUMENTS OF THE DEFENSE 

Marina Roig, representing the President of the grassroots organization Òmnium Cultural, Jordi Cuixart:

“There is no democracy without democracy, and there is no democracy without citizen participation.” 

She also said that “criminalizing public protest can have dangerous consequences for fundamental rights in Spain.”

Olga Arderiu, representing the former speaker Carme Forcadell:

“The prosecutors emphasized in their final reports her role as pro-independence civic organization Catalan National Assembly (ANC)‘s president until 2015 – even though the events she is supposed to be tried for happened in 2017.”

She also complained that her client is facing a 17-year prison sentence for rebellion when the other former Catalan parliament bureau members are being prosecuted for disobedience, which does not carry prison time.

– Former Governance, Public Administration, and Housing Minister Meritxell Borràs’ lawyer rejected the allegations of misuse of public funds and complained of what she described as the prosecutors’ “bias.”

Mariano Bergés, representing the former work, social affairs, and families minister Dolors Bassa: 

“They intended to achieve independence by voting and through dialogue. What happened in September 2017 was not violence. The pro-independence demonstrations were always peaceful. ” 

DEFENDANTS’ FINAL STATEMENTS

Former Catalan Vice-President Oriol Junqueras

“It’s time for the Catalan question to return to the political sphere of dialogue and negotiation, which it should never have left.”

Former Foreign Affairs Minister Raül Romeva

“Today it is us, tomorrow it could be anyone.”

Former Interior Minister Joaquim Forn

“The Catalan question can only ever be resolved through dialogue.”

Former President’s Office Minister Jordi Turull

“Decapitating us will not decapitate the independence movement or the desire for independence and self-determination in Catalonia.”

Former Territory and Sustainability Minister Josep Rull

“Self-determination is simple and transcendental. There will always be more people following us. There are not enough prisons to lock up our desire for freedom.”

Former Leader of the Pro-Independence Organization ANC Jordi Sànchez

“This is an enormous injustice, not only for me and for the other pro-independence prisoners but in general around Spain.”

Former Catalan Parliament Speaker Carme Forcadell

“I’m being judged for who I am, not the facts.”

Former Work, Social Affairs, and Families Minister Dolors Bassa

“Many generations to come will depend on this verdict, which has the potential to provide a solution.”

President of Pro-independence Grassroots Organization Òmnium Cultural Jordi Cuixart

“If police violence could not stop thousands of people from voting in the referendum, does anyone believe that a sentence will cause Catalans to stop fighting for their rights? I would do the same of what I am accused of again. We will do it again!”

Former Business Minister Santi Vila

“The government had been negotiating a possible legal alternative to independence declaration until the last minute.”

Former Governance, Public Administration, and Housing Minister Meritxell Borràs

“New politicians will come and the longing of a sizeable proportion of the Catalan people to decide how we want to fit into a modern Europe will continue.”

Former Justice Minister Carles Mundó

“Taking political issues to the courts does no favors to politics and nor does it help the judiciary”

Additional Information

– The verdict is expected to be announced sometime between the end of July and October.

– A harsh sentence would be seen as a dissuasive punishment for the leaders, and the whole independence camp, which would likely provoke indignation across Catalonia, which could lead to an indefinite general strike or even to a unilateral declaration of independence (UDI).

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Summary Penultimate Week of Independence Trial: June 4

On Tuesday, the concluding statements from the prosecuting lawyers (at the Supreme Court trial of 12 Catalan political leaders) were heard:

– Spain’s Public Prosecutor affirmed that the 2017 Catalan independence referendum was “a coup d’état.”

– Attorney Javier Zaragoza affirmed that the roadmap to independence, including a referendum and a declaration of independence in 2017, was a violent insurrection, uprising, involving coercion.

It was a serious attack on the foundations of the constitution with illegal, coercive methods, using violence when needed,” he said.

Zaragoza also said that the 9 jailed Catalan leaders were not political prisoners.

There are no political prisoners, they are not political prisoners,” he insisted. He also rejected the UN Working Group on Arbitrary Detention’s report urging the “immediate” release of the leaders, accusing the institution of ignoring Spain’s arguments.

– Spanish prosecutor Moreno: “There was violence, it was necessary for their cause, they knew the vote would provoke confrontations, and yet they still called people to vote knowing what would happen.”

– Public Prosecutor Fidel Cadena said that the jailed Catalan leaders should be charged with rebellion because “they violated the constitution and the foundations of the Spanish state.”

– Rosa María Seoane, the Solicitor General, affirmed that the “trial against the Catalan leaders is completely transparent” and denied that their right to defense was undermined during the process.

– The popular prosecutor of the far-right Vox party, accused the political prisoners of perpetrating “the most sophisticated and original coup d’état against a democracy ever seen in a modern society.”

– Javier Ortega Smith, one of the lawyers for far-right Vox, affirmed that the accused were part of a “criminal organization.”

Vox lawyers concluded by saying that they wanted tough sentences “so that no one dares to attack the constitutional order again.”

Additional Information

The trial will resume on Tuesday, June 11, at 9.30am with the closing arguments from the defense lawyers. The lawyers will only have one hour to defend each of the accused.

The United Nations Working Group on Arbitrary Detention calls for the immediate release of the jailed Catalan leaders Jordi Sànchez, Jordi Cuixart, and Oriol Junqueras.

– “Prosecutors are trying to define a new concept of violence” says defense lawyer.

Independence Trial: Most Important Testimonies April 23, 24, and 25

April 23, Day 34 of Trial 

 – Vice-President Pere Aragonès exercised his right to not testify, alleging that the Court number 13 of Barcelona was investigating him.

– Jordi Jané and former government secretary Joan Vidal told the court that the Catalan government’s aim was to hold an agreed referendum with Spain.

– Jané, Meritxell Ruiz, and Jordi Baiget, who also testified during the day 34 of trial, resigned from their posts three months before the October 1st independence referendum. They affirmed that their resignations were not connected to a potential unilateral vote, though growing tensions between the Spanish and Catalan administrations justified their resignations.

– David Badal, former responsible for government payments in 2017, denied that any payments were made to any printing company.

 

April 24, Day 35 of Trial 

– Former director general of the Catalan police, Albert Batlle, told the court that he resigned after jailed Joaquim Forn was appointed interior minister because he was “not comfortable” with how political events were “unfolding” in the run-up to the October 1st independence referendum.

– Joan Ignasi Elena, the former coordinator of the National Pact for the Referendum (PNR) told the court that the organization received no public money.

“The PNR was funded by private donations and the Catalan government was just one of the thousands of entities that joined,” said Joan Ignasi Elena

– Jordi Solé, MEP for ERC party on the September 20, 2017, Spanish police raids in Catalan government buildings: “It was not a tense situation. I saw neither any attacks nor threats.”

 

April 25, Day 36 of Trial

– Four witnesses, who were members of organizations overseeing the work of Diplocat, a public-private diplomatic body promoting Catalonia abroad, defended in court the “plurality” of the entity.

– Gerardo Pisarello, the deputy mayor of Barcelona, told the court that Diplocat always was plural regarding political issues, inviting both experts for and against Catalan self-determination to its conferences.

– Daniel García, a member of UGT, Spain’s largest trade union, explained that the organization “was neutral and let everybody explain their political position.”

– The director of the Barcelona Institute for International Studies (IBEI), Jacint Jordana, denied that Diplocat acted as an arm of the Catalan government.

– Former Catalan MP David Fernàndez (CUP) described the demonstrations during the October 1st independence referendum as “absolutely peaceful.”

If self-determination is a crime, I declare myself guilty and a repeat offender. And as long as it remains a crime, I’ll continue to disobey until it becomes a democratic right” — David Fernàndez

– Catalan MP Ruben Wagensberg (ERC) also defended the peaceful protests on September 20, 2017, against Spanish police raids  in Catalan government buildings: “Catalan citizens engaged in the greatest act of civil disobedience I’ve ever seen.”

Additional Information

On April 23, the day 34 of trial, sixty Portuguese politicians and intellectuals signed a manifesto under the title “For Democracy and Freedoms in Catalonia.” The manifesto calls for the “immediate release” of the Catalan political prisoners.

 

 

 

Independence Trial: Most Important Testimonies April 15, 16, and 17

April 15, Day 31 of Trial 

A Spanish Civil Guard officer affirmed that former speaker and government officials were “key” players in the bid to achieve independence. 

Former Catalan Speaker Carme Forcadell “was an essential figure to pass [independence] laws,” said the officer. Former Catalan police chief Josep Lluís Trapero was also “essential in the independentist strategy,” he added.

The same officer also affirmed that according to their investigations,  Catalan official Josep Maria Jové “was the person who had to authorize the expenses to hold the referendum.”

 

April 16, Day 32 of Trial 

Spanish police officers talked about alleged violence by voters during the 2017 independence referendum. They also accused their Catalan counterparts of inaction. “They didn’t act at all,” said a Spanish police officer.

 

April 17, Day 33 of Trial

Spanish police officers accused their Catalan counterparts of inaction during the 2017 independence referendum. “Whenever they saw us, they reported our arrival to someone and then left,” said a Spanish police officer.

Some officers claimed that their operation to stop the referendum was “exemplary,” and denied the use of violence against the voters.

 

Additional Information

The day 32 of Trial, marked one and a half years since the Catalan political prisoners Jordi Cuixart and Jordi Sànchez were unjustly jailed by the Spanish State.

On the day 33 of trial, Members of Canada’s Research Institute on Self-Determination of Peoples said the Spanish Supreme Court might be infringing defendants’ rights.

Professor of international and constitutional law at the Montreal University, Daniel Turp: “We believe there are issues relating to human rights, to the protection of the right of the accused, and maybe the larger issue of freedom of expression, of association, maybe even the issue of the right of self-determination of the Catalan people.”

 

Turp’s colleague Stéfanie Tougas: “The issue of how they are treated is going to be part of our report, because we don’t understand how they can be so badly treated.”

NOTE: Neither the police nor any court has been able to prove yet the veracity of any of the aforementioned police testimonies in the Independence Trial. Those statements appear rather to be just a mere police/court fabrication aimed at unjustly imprison the Catalan democratic leaders for many years, even decades. 

Police Raid Catalan Schools to Remove Yellow Coloured Items

On Friday, agents of the Mossos (Catalan police) entered several Catalan schools and ministries across the country to remove yellow ribbons and anything else coloured yellow, including drawings of vegetables and tractors issued by the Agriculture Ministry. On Thursday Spain’s Electoral Board had ordered the Catalan police to remove “yellow symbols” from public facilities, arguing that these are political and partisan symbols. This decision and the police operation, which attempts against the freedom of opinion and expression of the Catalans, caused widespread indignation across the country; they believe the Spanish State is using any and all means at its disposal (whether legitimate or illegitimate; legal or illegal) to impose direct rule over Catalonia with the aim of stamping out independentism.

The order of the Spanish Electoral Board urged the agents to wait for half an hour so that the people in charge of the buildings could remove the items themselves, but if not, the agents were ordered to do so. Catalan Minister for Home Affairs Buch announced on Friday evening that the Mossos had complied with the order to remove all such “symbols” from government buildings and schools.

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Tweet: Mossos at Sagrada Familia school in Caldes d’Estrac are currently erasing the yellow ribbons that the children had painted for a mural for peace.

 

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Tweet: A couple of Mossos have come to the school to check there are no yellow ribbons. They commented there is too much yellow in this corridor. 

 

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Tweet: The head of Planas i Casals school explains that the Mossos have searched cupboards and drawers of teachers. Are yellow ribbons so dangerous? Who ordered this search?

 

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Tweet: Mossos have also entered the Els Tres Turons school in Arenys de Mar, removed posters from notice boards and inside the departments. 

 

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Tweet: The Mossos have just come to the rural school of Perafita (Lluçanes) with orders to take down any symbols with regards to the elections. They’ve removed the violet ribbons were hung up for the Women’s Day on March 8. It’s a disgrace!

 

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Tweet: We received messages informing us that at midday, during class time, some schools were visited by the National Police (case of the INS of Les Borges Blanques) and Mossos [Catalan police] asking for symbols showing solidarity with prisoners and exiles. Do you know if this is happening in more centers? 

The Appalling Living Conditions of the Catalan Political Prisoners Limits their Right to Defense in the Ongoing Independence Trial

After nearly a month of the Independence Trial of the Catalan political prisoners, the bias in favor of the accusation shown by the court and the extreme living conditions of the prisoners is worrying the international community and the prisoners’ families, who believe their right to a proper defense has been violated. 

The longest session so far was when Josep Rull, Dolors Bassa, Meritxell Borràs, and Carles Mundó declared before the Spanish Supreme Court. It began at 10am and ended at 9.30pm, a long marathon of a session that seriously affected the prisoners, who ended it exhausted, which could violate their right to a defense.

The prisoners have a strict schedule; they are woken up at 6am by prison officials. On their days of trial, they are directly transferred by Spanish Civil Guard officers to the Spanish Supreme Court – without shower or breakfast time – in a trip that usually takes 45 minutes. Then the Spanish National police take custody of them, and the prisoners are sent to a room where they have to wait for over 30 minutes until the trial session begins. After the day-long trial session, they are sent back to their respective prisons in Madrid.

According to the families of the Catalan political prisoners and their lawyers, the worst part is the return to prison. When they get back their dinner is already cold, and they don’t have the means of warming it. After a quick dinner, they go straight to bed because it is already late and the next day they will have to wake up at six and face another long trial session, which tends to end in the evening.

This exhausting rhythm after nearly a month of trial is severely affecting the political prisoners, who on occasions only get 4 four hours sleep per night. In addition, they don’t have the possibility to prepare their defense with their lawyers after each session because they are directly transferred to prison, have dinner, go to their cells and prepare for the next day, get some sleep, and then face a new trial session.

At weekends however, they do have the possibility of meeting with their lawyers and receiving some visits. On some occasions, their families can also have communication with them at the Supreme Court for 10 minutes at the end of the session. 

Last week Jordi Cuixart’s defense team filed a formal protest before the court to be told in advance the complete calendar of sessions, to be able to prepare for the interrogations. In addition, the defense highlighted that the isolation of the prisoners also limits their freedom of communication with their clients and impedes their ability to prepare for the trial properly.

List of Important Witnesses Independence Trial Upcoming Weeks

This is a list of some of the most important witnesses that will testify in the independence trial in the upcoming weeks:

Politicians

– Roger Torrent (ERC), President of the Catalan Parliament.

– Pere Aragonés (ERC), Catalan vice-president. 

– Jordi Puigneró (JxCat), Catalan digital policy minister. During the referendum, he was junior telecommunications minister. 

– José María Espejo (C’s), second deputy speaker of the Catalan Parliament.

-David Pérez (PSC), member of the Parliament’s executive board.  

– Josep Maria Jové (ERC), former second-in-command at the economy ministry, considered the organizer of the referendum.

– Xavier Trías (PDeCAT), Former Mayor of Barcelona.

– David Fernández (CUP), former Catalan MP.

– Luís Llach, former Catalan MP.

– Neus Lloveras, former president of the Associació de Municipis per la Independència (Association of Municipalities for Independence).

– Antonio Bayona, former head Parliament lawyer.

– Carles Viver, former Constitutional Court magistrate, considered to be the “legal architect” of the independence process.

Police

– Diego Pérez de los Cobos, a colonel in Spain’s Civil Guard. He was the coordinator of the large Spanish security operation mounted in response to the possibility of the 1st October 2017 referendum.

– Josep Lluis Trapero, former chief of Catalonia’s Mossos d’Esquadra police.

– Pere Soler, former director of the Mossos. Accused of rebellion alongside Trapero. 

– Albert Battle, former director of the Mossos. He resigned two months before the referendum and was replaced by Soler.

– Teresa Laplana, Mossos superintendent. She is accused of sedition in the National Audience case. 

– Ferrán López, Mossos police commissioner. He substituted Trapero when he was removed from his post.

– Sebastián Trapote, chief of the Spanish National Police in Catalonia.

Media, associations, and citizens

– Joan Vallvé, vice-president of Òmnium Cultural, the Catalan cultural association.

– Núria Llorach, vice-president and acting president of the Catalan public broadcasting corporation, CCMA.

– Javier Pacheco and Camil Ros, secretaries in Catalunya of two of the major trade unions, CCOO and UGT respectively.

– José María Álvarez, secretary general of the UGT trade union.

– Around a hundred voters who took part in the referendum.

International

– MEP Ana Gomes

– MEP Ivo Vagl.

– Manon Masse, member of the Quebec parliament for the social-democratic Québec solidaire, who acted as an international observer for the referendum.

– Felix Von Gründberg, German MP.

– Andrej Hunko, German MP.

– Lars Aslan Rasmussen, Danish MP.

– Helena Catt, member of the International Election Expert Research Team. Also cited was her colleague, former Dutch prime minister Wim Kok, who died late last year.

– Paul Sinning, director of the Hague Centre for Strategic Studies.