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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Imminent Internal Restructuring of ERC and PDeCAT

The failure of the negotiations for the formation of a new government between pro-independence parties in the last two months, has forced ERC and PDeCAT to carry out a deep internal restructure.

Numerous influential groups within PDeCAT are demanding that the leadership call for an ideologically extreme congress aimed at establishing a new strategy. They argue that PDeCAT is not defending the mandate of the latest election: the immediate implementation of the Catalan Republic. They also accuse the current party leadership of betraying Puigdemont, arguing that they only defended his candidacy at the last moment, which ultimately led to his resignation and the nomination of the jailed Jordi Sánchez as new candidate.

ERC has also announced that it will soon hold an ideological conference aimed at unifying the party and choose a new strategy. This move comes after numerous ERC representatives from numerous cities across the country publicly showed disagreement with the leadership of the party. They argued that ERC has given up on construction of the Catalan Republic due to their fear of repression by Spain. That is why they are also demanding that all the leaders of the party who are scared of ending up in prison must step aside and allow new members who are willing to disobey Spain to implement the Republic.

Sources close to the leadership recently said that they won’t resign and will instead try to impose a new strategy, aimed at respecting the current Spanish legal framework and implementing measures to grow social support for independence. However, the party bases appear to be willing to push until their resignation.

Dual Government in Catalonia?

Pro-independence parties have restarted talks on the formation of an effective government in Catalonia. The negotiations broke down two weeks ago, following a wave of mutual reproaches and criticism. However, the announcement of the Spanish government that it will use its direct rule over Catalonia to eliminate Catalan as a vernacular language at schools has forced ERC and JxCat to understand each other and accelerate their negotiations.

A number of possible formulas to swear in Puigdemont as president are under discussion. The possibility of forming a dual government with some members in Brussels and others in Barcelona appears to be the most feasible one. In an interview with ACN (Catalan News Agency), Elsa Artadi (JxCat) said that her party and the ERC are preparing the necessary logistics to make it possible to govern from both places.

She also said that Puigdemont has to be sworn in even though the Spanish Constitutional Court and the Spanish government are determined to prevent it from happening. She explains that Puigdemont cannot be just a symbolic figure. For her candidacy, she has to “govern, be part of the executive power and have complete legitimacy.” Artadi added that Puigdemont should be the leader of the country, the one “setting the tone” of Catalonia’s politics.

The debate between the ERC and JxCat is developing on the assumption that part of the Catalan government will be in Brussels and the other in Barcelona. While Artadi said that Puigdemont should be able to return to Catalonia after being sworn in, the chances of that happening are remote since there aren’t sufficient guarantees that he wouldn’t be imprisoned.

Similarly, other sources from the negotiations admitted that they still have to find a formula to guarantee a normal pace of activity in the Parliament.

JxCat and ERC representatives announced yesterday that their negotiations have progressed significantly. However, they won’t announce any agreement at least until the end of next week or the following one. They said that they don’t want to prejudice the legal strategy of numerous members of JxCat and ERC, including its current leaders, who will have to appear in the Spanish Supreme Court for rebellion, sedition and misuse of public money over the next few days. They believe that the announcement of an agreement could cause their immediate imprisonment.

The major Catalan pro-independence organization, ANC, adds pressure on pro-independence parties

Last week, the ANC Executive Assembly decided to warn ERC and JxCat that if they did not reach an agreement soon on forming a government, respecting the mandate of the latest election, they will organize mass protests against them. It also encouraged the future Catalan government to disobey the Spanish government and the Spanish Constitutional Court because it is the only possible way to implement the Catalan Republic.

On February 25th, 50,000 members of the ANC will define its new road-map for the next two years. The one proposed by the direction includes the organization of permanent protests across Catalonia in order to defend the Catalan Republic. According to them, it is time for civil society to take part in the fight for independence, stressing that without mass protests and mass disobedience coming from society the Catalan Republic will never become a reality. It also added that the actions of political parties are limited due to judicial processes against their leaders and members. And finally, it encouraged other grassroots organizations to coordinate protests in order to build the Catalan Republic.

 

 

Pro-independence Agreement on Puigdemont’s Investiture in the Coming Days

JxCat and ERC appear to be close to reaching a final agreement on Puigdemont’s investiture. Elsa Artadi, the JxCat spokeswoman who is leading the negotiations, said this morning, “The negotiations with ERC have progressed significantly. I think we will be able to reach and make public a final agreement on Pugdemont’s investiture tomorrow.”

During the weekend, representatives of ERC and JxCat met several times in Brussels and Barcelona, seeking to reach an agreement. While they agreed that Puigdemont is the only legitimate candidate (as demonstrated by the latest general election) to become president, they showed discrepancies on the legal procedure to make it possible without putting more pro-independence leaders in danger.

During the meeting, JxCat’s representatives said that they are willing to disobey Spanish Constitutional Court orders, considering that they have always been proved to be biased and antidemocratic against the Catalans. However, representatives of ERC said that the investiture of Puigdemont wouldn’t mean that more Catalan MPs would end up in prison.

According to sources present in the meetings, JxCat and ERC are negotiating the investiture of two presidents and the creation of two governments. The legitimate one would be based in Brussels and the second one (in Barcelona) would rule the country while implementing the Catalan Republic. This move could allow pro-independence parties to bypass Spanish justice while taking effective steps towards the independence of Catalonia.

The idea would be to use a pro-independence assembly (created in 2016) of local and Catalan-wide elected members to swear in Puigdemont as legitimate president in Brussels. At the same time, another person would be appointed to preside over the Catalan Parliament. According to sources, President Puigdemont would (symbolically) rule Catalonia from Brussels.

However, the CUP, a minor party which guarantees the pro-independence absolute majority in Parliament, opposes this option, believing that there must be only one president and a government willing to disobey Spain in order to effectively implement the Catalan Republic. They said that they won’t attend the investiture session, which would make the election of a president impossible, unless their conditions are met.

The second option on the table would be to reform the Regulation of the Catalan Parliament to bypass Spanish justice and swear in Puigdemont at a distance. However, Spanish officials have already announced that this move would be brought to the Spanish Constitutional Court, which would likely declare it unconstitutional. They added that this move would also mean that the members of the Catalan Parliament Bureau, who may approve it, would face legal liabilities.

The Spanish government and Catalan unionist parties reject a dual-presidency

The leader of the “Catalan Socialist Party,” Miquel Iceta, called on the Catalan pro-independence parties to stop “posturing” and said that the new Catalan government shouldn’t be formed by politicians who have pending judicial causes.

Ines Arrimadas (C’s) said, “I hope that JxCat and ERC officials are brave enough to tell Puigdemont that he won’t be president again.”

Albiol (PP) said, “I think it is a joke, this is more typical of a video game or virtual reality. In a serious scenario, it would be impossible to even consider this possibility, but we are in the country of fantasies.”

 

Spanish Constitutional Court Blocks Puigdemont’s Investiture as President

On Saturday, the Spanish Constitutional Court ruled that Carles Puigdemont can only be sworn in as president in person and with a juridical authorization prior to appearance in court. This decision, which sets a dangerous precedent, comes after the Spanish government pressured the court to rule in its favor.

According to ex-members of the Constitutional Court and prestigious jurists, the Constitutional Court violated its own rules by adopting precautionary measures against Puigdemont and four members of his cabinet since the Court only had the power to decide whether or not to consider Rajoy’s cabinet’s appeal.

Most of the current judges which form the Spanish Constitutional Court were directly appointed by the two largest Spanish political parties, PP and PSOE, which shows the high degree of politicization in the Spanish judicial system.

The Spanish government made a surprise announcement on Tuesday that it would appeal against Puigdemont’s candidacy for president in the Constitutional Court. This came after Rajoy said there was no legal basis for such a move a few days before.

Vice-President Santamaría alleged that a fugitive couldn’t be nominated as president without previously appearing in front of a judge. She added that there was also an ongoing search and arrest warrant issued against Puigdemont.

The Spanish Council of State formed by former ministers and lawyers ruled on Thursday that Puigdemont’s candidacy for president couldn’t be suspended until there is a firm judicial sentence against him since he retains his rights as an elected MP.

A Remote Investiture and Delegation of Votes

The Constitutional Court ruled against the remote investiture of Puigdemont since the presidential candidate must be physically in the Parliament during the debate. The Court also prohibited Puigdemont and the four ministers of his cabinet, who are in exile in Belgium, to delegate their votes for the investiture session.

Warning against the Catalan Parliament Bureau

The Constitutional Court also called on the members of the Catalan Parliament’s Bureau to respect its resolution, pointing out that whoever disobeys it will face criminal charges.

Appeal to the European Court of Human Rights

A few hours after learning about the resolution of the Constitutional Court, the Catalan lawyer of Puigdemont Cuevillas said that he would probably take the Constitutional Court decision to the European Court of Human Rights. He said it was a political decision which violates his client’s rights.

Numerous representatives of JxCat said, “ We will not propose [for president] a candidate other than Puigdemont. Plan A is Puigdemont; Plan B Puigdemont.”

Puigdemont’s reaction

“Even the Constitutional Court rejected the legal fraud that the Spanish government was perpetuating. More than one person should rectify the situation and end the politics once and for all. And if they are unable to do so, they should consider stepping down and giving way,” he tweeted.

The Spanish government also reacted to the news by welcoming the fact that the judges do not allow an investiture at a distance, which Madrid brands as “fraudulent.”

The CUP party calls on Catalan parliament speaker Torrent to “disobey”

The CUP party urged the Catalan Parliament president to disobey yesterday’s Constitutional Court resolution against Puigdemont’s candidacy for president. It added that they will only be present in the investiture session if Puigdemont is the candidate. Otherwise, they will attempt to block the formation of a new government which could lead to new elections.

 

 

 

 

Over a Million Protesters March in Barcelona to Call for the Release of Catalan Political Prisoners

On Saturday, over a million Catalans marched in Barcelona to call for the release of the Catalan political prisoners recently imprisoned by Spain. The demonstration was given the name of “National Day for Liberty,” aiming for the same level of attendance and international impact as the yearly celebrations for Catalonia’s September 11th National Day. The demonstration filled more than three kilometers (almost 2 miles) of one of the Catalan capital’s main thoroughfares. Almost a thousand buses loaded with independentists from across the country headed to the protest in Barcelona.

At the front of the demonstration, a banner held by family members of the Catalan political prisoners and the organizers read, “Freedom for political prisoners, we are the Republic.” Attendance exceeded the expectations of the organizers, which delayed the beginning of the protest by an hour. The march lasted for 3 hours before arriving at the intersection with Avenida Icària, where a stage had been set up for speeches. That was where members of the families of the Catalan political prisoners climbed onto the stage and, one by one, read aloud letters written by the Catalan leaders in prison. The letters read:

Minister Joaquim Forn said, “Now it isn’t the time for differences,” but the moment for unity. Peace, democracy, and freedom are the values which give strength to the people of Catalonia,” he added. Ministers Meritxell Borràs and Dolors Bassa, in a joint letter, gave their thanks for the “hundreds” of letters received daily at their prison, Alcalá-Meco: “our physical distance doesn’t prevent us from feeling you near.” Minister Josep Rull said, “They’re wrong if they believe that they can imprison the will of the people”. He argued that “we’re the legitimate government because the Catalans decided so through a powerful tool: the ballot box”.

For his part, Minister Carles Mundó said, “People can be imprisoned, but nobody can imprison ideas.” “Political problems can never be solved in the court of the justice system,” he added. The Foreign Minister, Raül Romeva addressed the people, asking them “to keep their hand outstretched and the will to dialogue, without falling to provocations.” Government spokesperson Jordi Turull said, “Our bodies are in prison, but our hearts and our commitment are with you” He also called for unity: “It’s with unity that we’ve made great strides”.

Vice-president Oriol Junqueras denounced the “complicity of the Spanish Socialist Party (PSOE) with the Spanish government in the imprisonments of democratically elected leaders like himself and their explicit support for Spain’s intervention in Catalonia’s government, which has removed any type of self-rule in Catalonia and has also installed the Spanish vice-president Soraya Sáenz de Santamaría as the Catalan president until the next elections are held.” He said that he and the other imprisoned ministers are the “scapegoats” of the Spanish state to frighten the independence movement.

The leaders of the two major Catalan grassroots organizations, Jordi Cuixart (ANC) and Jordi Sànchez (Òmnium), who were also imprisoned, sent messages to be read out by their family members to the million plus protesters gathered at Saturday’s demonstration.

Jordi Cuixart said, “great obstacles are for great spirits,” whilst Jordi Sànchez called on the Catalans to vote on the December 21st Catalan general elections. “Our strength is our unity, let nobody doubt that we will win.” The rally ended with messages sent by President Puigdemont and the members of his cabinet from Brussels.

 

Spain Jails 8 Democratically Elected Members of Catalonia’s Government for Peacefully Defending their Ideas

On Thursday, a judge from Spain’s National Court, Carmen Lamela, sent 8 members of the Catalan government to jail for rebellion, sedition, and misuse of public funds without any evidence. As expected, the attorney general had requested their immediate imprisonment without bail and the judge approved.

Carmen Lamela is the same judge who had already sent to prison the civil rights leaders, Cuixart and Sànchez, two weeks ago, for sedition.

In her order, Judge Lamela said that the imprisonment, pending trial of the 8 Catalan leaders was “appropriate, reasonable and proportional.” She based her decision on their flight risk, taking into account the “spending power of the accused which would allow them to abandon the territory”. She also mentioned that other ministers and Catalonia’s President Puigdemont had already abandoned the country to prevent a trial in Spain.

In fact, she describes the government of Catalonia as “an organized group of people, with the support of sovereigntist associations with the power and the ability to help them in their possible flight from justice”. Lamela also alleges there is a “high risk of reoffending and a high probability that the accused might alter or destroy evidence.”

In the meantime, Catalan President Puigdemont and four members of his government remain in Belgium. They say that they do not want to escape Spanish justice, but they repudiate that they would have a fair trial if they were to return to Spain. For that reason, their intention is to stay in Brussels until there are at minimum guarantees of a fair-trial or until Belgium extradites them.

Numerous lawyers and experts, including those who wrote the crimes of rebellion and sedition, said that none of the government officials could be accused of such crimes because there has not been any violence. Sedition and rebellion charges imply an insurrection that involves taking up arms in order to take control of a territory. The Catalan government has always called on the people to hold peaceful demonstrations. In seven years of mass protests, not a single incident has ever been registered.

Thousands of intellectuals from across the world have denounced the extreme politicization of the Spanish judicial system in which many judges are directly appointed by the political forces that win the elections, making it impossible to guarantee either neutrality or fair trials.