President Puigdemont’s Lawyer Gonzalo Boye Accuses the Spanish State of “Attempting to Deceive Belgian Justice”

Puigdemont’s lawyer Gonzalo Boye accuses the Spanish State of “attempting to deceive Belgian justice” with the “orchestrated” Civil Guard police operation against the 7 CDR members imprisoned last week in order to link “terrorism” with the pro-independence movement and Presidents Torra and Puigdemont. Their aim might be to obtain the extradition of President Carles Puigdemont.

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“The strategy is clear: criminalize and then try to deceive the Belgians by ticking the box of terrorism [in the formal petition of extradition order].”

Boye’s statements came after exiled President Puigdemont accused the Spanish State of beginning a “legal war” in an attempt to obtain the Extradition Order.

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The lawfare has been brought to its fullest expression: changing them from rebels to terrorists to try to manipulate, again, the process of euro order. Because they can only find us in the way we have always followed: democracy, civility and nonviolence.”

The ANC Urges the Catalans to Use the Mobilizations of the Independence Trial Verdict Response to “Take Strength” to Resume Unilateralism

Last week, the President of the Catalan National Assembly (ANC), Elisenda Paluzie, urged the Catalans to use “the impulse of the upcoming Independence Trial verdict” to make demonstrations capable of forcing the Catalan government to recover unity and re-make a roadmap for independence.

Paluzie also said that according to the roadmap of the ANC, unilateralism must be resumed when pro-independence parties get over 50% of the total votes in a Catalan general election. In this regard, she said that unilateralism is “complex” and that it must be “reinforced” with the legitimization of the votes.

The President of the ANC admitted that there is “disparity” within the pro-independence movement, but that has also occurred on other occasions, such as in 2012 and 2013. For this reason, she insisted on calling for unity “in the face of the foreseeable condemnation of the political leaders and entities that serves to resume the path to independence and bring the objective back on the top of the agenda.”

Regarding the discomfort expressed by ERC with ANC’s strategy in the last few weeks, Paluzie pointed out that “it depends on the moment and the strategy adopted, the ANC may disturb one party or another.” She also made it clear that if there were people who ever insulted ERC leaders in a demonstration, it is an “isolated fact that the ANC does not support at all […] we have to be very hard in the content, but very elegant in the forms,” added Elisenda Paluzie

13 International Observers Denounce Violation of Human Rights During the Independence Trial

The International Trial Watch (ITW) platform has published thirteen reports of human rights activists and jurists around the world who attended the Independence Trial.

Each report written by these observers is autonomous. The ITW has not intervened in the drafting and has limited itself to coordinating and grouping them in this publication.

The authors of the reports include John Philpot – Canadian lawyer, Paul Newman – Indian philosopher and former spokesperson for the People’s Tribunal/Court of Sri Lanka, Bill Bowring – European Lawyers for Democracy and Human Rights, Jelle Klaas – Nederlands Juristen Comité Voor De Mensenrechten, Patrizio Gonella and Susanna Marietti – Antigone, Matthieu Cretenand – University of Geneva, Cécile Brandely and Claire Dujardin – French Lawyers’ Union (AED), Ernesto Moreau – Argentinian lawyer, Sahar Francis – Defense and Human Rights Association Addameer, Cristina Servan Melero – Pro-Human Rights Association of Andalusia, Ramón Campos García and Ana Sebastián Gascón – Free Association of Lawyers of Zaragoza, and Joseba Belaustegi Cuesta – member of the Basque platform Jurists for the Right to Decide.

John Philipot, for example, considers that “The essence of this trial is to criminalize the exercise of civil and political rights. The Spanish state is treating these twelve politicians and social leaders fundamentally as a single criminal organization as if they were drug traffickers or an organized crime syndicate.”

Paul Newman concludes that “the only violence that occurred during the 2017 October 1st independence referendum was committed by the Spanish police and the Civil Guard, not the Catalan government.” He also points out that “everyone has the inherent right to self-determination.”

Jelle Klaas, who focuses his argument in the case of Jordi Cuixart, says “Arresting, detaining, and prosecuting Cuixart and asking for a 17 years prison sentence, in essence, is the fact that he made use of his human rights to protest.”

Claire Dujardin defines the trial as a “judicial farce.”

Sahar Francis of the Defense and Human Rights Association Addameer, an expert in the defense of Palestinian political prisoners in the military courts, comes to assure that “some of these practices [witnessed at the Supreme Court] are very similar to those of the military prosecution of the occupation.”

All experts agree that in Spain fundamental rights, such as freedom of expression, are being violated, and that it is affecting the entire Spanish population. They also affirm that the essence of the trial “is to criminalize the exercise of civil and political rights.”

International Observers Find Violation of Numerous Human Rights and Legal Procedures During the Catalan Independence Trial

The organization of international observers Trial Watch – Catalan Referendum Case (ITW) has concluded in its preliminary report that the trial of the 12 independentist leaders held at the Supreme Court over the past few months is a “political cause” in which “fundamental rights such as free assembly, political participation and freedom of expression have been violated.” The group also considers that there is no basis for condemning political prisoners for rebellion and seditious crimes, and that they have been “reworked” to adapt them to the Criminal Code.

The ITW concludes that organising citizen demonstrations was not capable of “transforming the constitutional order or preventing the legitimate public authority from carrying out its functions,” since in this case a state of siege had been applied. The conclusions of the report also make a special mention of the cases of the former president of the ANC, Jordi Sànchez, the president of Òmnium Cultural, Jordi Cuixart and the former president of the Parliament, Carme Forcadell: “Your behavior cannot be criminal because it was protected in the exercise of fundamental rights, such as the right of assembly or freedom of expression.”

The ITW also considers that the investigation carried out by prosecutor Javier Zaragoza in the National Court on November 5, 2015, has shown that it is a general cause: “The object was to investigate the entire Catalan political movement,” which is forbidden in the Spanish legal system.

More than 30 human rights organizations support the 20 points with which observers summarize the most important violations in the trial. Although not part of the process after the Supreme Court questioned the quality of observers, the group of experts hopes that the judges will accept the criticisms in the report. They also expect their analysis to help the defendants continue their path to European courts after the ruling, which will be known in the coming months.

Jailed Catalan leader Jordi Cuixart: “The solution to the problem of blind obedience is civil disobedience”

The President of the Catalan grassroots and pro-independence organization Òmnium Cultural, Jordi Cuixart, said on Thursday that “the solution to the problem of blind obedience is civil disobedience.” In a letter that was read during the opening of the first days on civil disobedience organized by the entity, Cuixart explained that in order to reverse the “dramatic” situation that society suffers from, it is necessary to train “even more” and to exercise the practice of non-violence.

“To instruct us is essential because the powerful know how to criminalize the protest and cause dissent by putting us traps,” he argued. From the prison of Lledoners, he told the conference attendees that “we will do it again” and cited “constant, persevering and full of courage mobilization.” “The only battle that is lost is the one that is abandoned,” he concluded at the end of the letter.

Mauri, vice-president of Òmnium, also intervened in the conference to say that injustices in society must give rise to “non-violent civil disobedience.”

“We are in a moment of regression of rights. Civil disobedience is the most useful and legitimate instrument for the situation we are experiencing. Given the situation of the degradation of rights that we suffer in Catalonia, Spain and Europe, we understand that the committed, mobilized and organized citizens have the obligation to face it.”

Mauri emphasized that Cuixart’s phrase “we will do it again […] is not just a slogan, but is a guide for the coming years. All rights are defended by exercising them. We have a duty of citizenship, of civic commitment and moral obligation to defend them when they are violated, tried or condemned.”

The Spanish Judiciary Irregularities and the Protection of Freedoms and Rights

The President of the Spanish General Council of the Judiciary (CGPJ), Carlos Lesmes, has initiated a marathon of appointments of high judicial positions despite the fact that the council is pending renewal. He has already made the appointment of 13 of the aforementioned positions and plans to do about 25 more before August. The vacancies to renew include the presidency of the National Court and four seats of the Supreme Court.

Elisa Beni denounces in eldiario.es that this situation is unusual and “looks so bad that not only forces to question whether a CGPJ with pending renewal mandate can take these decisions that will tie his successors for five years in a body that will have a majority of progressive sensitivity, but also the anomalous way it is being done.”

She also regrets that “something so serious goes virtually unnoticed by the public as well as some politicians who do not see the seriousness of what is happening.”

The current Spanish judiciary is also currently deliberating on the sentences for the jailed Catalan leaders, who are expected to receive harsh punishments: sentences by up to 30 years in prison, for no apparent reason other than holding a depenalized democratic vote: a self-determination referendum.

Given the aforementioned anti-democratic moves, it’s not surprising that most Catalans support independence. The conclusion is clear: the Spanish authoritarian state is unreformable. Thus, the creation of a new state is a good opportunity for the Catalans to build a most prosperous and fair country where no one is above anyone else and all fundamental rights are respected.

The Independence Trial verdict, expected to be announced between July and October, will be another test of the strength of Spanish “democracy.” Because of several unfair verdicts in the past, the current Spanish Judiciary hasn’t given any reason for optimism – rather the contrary. So, pro-independence forces have the responsibility to find strategic unity leaving aside any kind of partisan division. It will be necessary to articulate a strong, peaceful and democratic response to the verdict in order to defend and protect the freedoms and rights achieved in the past by our parents, grandparents and ancestors.

It is important to remark that this democratic “battle” is not only about independence, but the protection of fundamental rights. These could be curtailed or even entirely eliminated by the Spanish State for many generations to come.

Authoritarianism VS Democracy

It’s still uncertain who will win this struggle, but it’s sure that everyone must choose one option to stand for and that the outcome will mark us as a society for many years to come.

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).