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. 

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Independence Trial: Most Important Testimonies of April 2, 3, and 4

April 2, Day 25 of Trial 

Head of information of the Spanish National police in Catalonia during the October 1st independence referendum: “The demonstrators [voters] attacked the police officers who were carrying out a raid on the CUP party headquarters on September 20th, 2017.”

According to the officer’s testimony, the Spanish police were “surrounded” and forced to fire “blank shots in order to get out.” He also affirmed that the operation at the CUP party HQ was carried out on instructions of the public prosecutor after “propaganda” for the October 1st referendum had been detected there.

The officer said “72 Spanish police officers were injured” during the operation to stop the referendum on October 1st, 2017, and he accused the Catalan police of being “passive,” and even “hindering” their work.

 

April 3, Day 26 of Trial

The second-in-command of the Catalan police during the independence referendum, Ferran López: “Puigdemont pledged to declare independence if there were ‘incidents’ during the 2017 independence referendum.”

López also affirmed that “the Catalan police never collaborated either in the preparation or in the execution of the referendum.” “In fact, the Mossos leadership expressed concern to [President] Puigdemont about the referendum day and the police chief Trapero asked Catalan government leaders to comply with the judicial orders and not to hold the referendum.”

López also assured that Mossos (Catalan police) officers were deployed in 2,300 polling stations during the referendum. “Mossos d’Esquadra officers seized 423 ballot boxes, 90,000 ballot papers, and 60,000 envelopes,” added López.

 

April 4, Day 27 of Trial

Former deputy chief of the Mossos (Catalan police) Juan Carlos Molinero: “The Catalan police never  carried out follow-ups on [Spanish] police forces during the referendum.”

Molinero insisted that the various police forces involved in the operation to stop the independence referendum on October 1st, 2017, held “equal responsibilities.” He also said that Diego Pérez de los Cobos, the Spanish Civil Guard colonel in charge of coordinating all police forces during the referendum, ”never objected the Mossos operation planned for the referendum.”

Molinero confirmed what the second-in-command of the Catalan police during the independence referendum Ferran López said the day before: “[President] Puigdemont said he would declare independence if there was an extreme situation or a tragedy during the vote.”

Molinero also said that former interior minister Joaquim Forn told the leadership of the Mossos that he “would not meddle in the police operation during the October 1st independence referendum.”

 

Additional Information 

On April 3, Ferran López, who was chief Trapero’s number two during the October 2017, challenged the version of the facts given a few days before by Spain’s Civil Guard Colonel Diego Pérez de los Cobos, the chief commander of all police forces during the referendum. Xavier Melero, the lawyer of the Catalan leader Forn, called for a careoa special face-to-face session confronting the two witnesses. 

Manuel Quintela, a senior Spanish National Police officer said that the referendum weekend was started with “music, pajama, and night hot chocolate parties.”

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.

 

 

Spanish PM Pedro Sánchez’s Budget For Catalonia Violates the Third Additional Provision of the Statute of Catalonia

Spanish PM Pedro Sánchez won’t fulfill his promise to invest in Catalonia in proportion to its economic importance,  a clear violation of the current legislation. His need to get the support of pro-independence parties for the approval of the Spanish Budget has not been sufficient for him to comply with the current law.

The Sánchez administration’s budget includes 2,051.38 million euros for Catalonia,  representing 16.8 % of investments throughout the State, far from the 19.2% of Catalan GDP. This comes after the Minister for Finance María Jesús Montero had announced that the Spanish government would comply with the third additional provision of the Statute of Catalonia, which states that Spanish investments in infrastructure must be equivalent to the size of the Catalan economy.

The Spanish Constitutional Court ruled out the obligation to comply with the aforementioned provision in 2010. Nevertheless, the Spanish government had vowed to comply with it in an attempt to get the support of Catalan pro-independence parties for the approval of the 2019 Spanish State General Budget. A goal that now seems to be impossible.

According to the Spanish government, their budget “complies with the Statute of Catalonia.” In fact, at 2 million euros – 90% for infrastructure – it is necessary to add an additional 200 million that is also allocated to Catalonia in compliance with a ruling of the Supreme Court of 2017 referring to the 2008 budget.  The high court considered that the money should have been included in the accounts of that year because they were already committed and forced the State to pay them.

ERC and PDeCAT made clear earlier last week their absolute opposition to the budget presented by the Spanish government last Friday, although both parties are still open to negotiating it. Apart from an increase on the budget for Catalonia, PDeCAT and ERC also demand a political solution for the right to self-determination of Catalonia and the release of the Catalan political prisoners in exchange for supporting the Spanish Budget.

Last week, exiled President Puigdemont set his own conditions for the approval of the budget: the creation of a dialogue table on the right to self-determination supervised by independent observers. Puigdemont announced his proposal publically after proposing it to the senior leadership of his PDeCAT party, which met with him in Waterloo, Belgium.”There are not today the conditions either for processing or for passing it,” he warned.

President Puigdemont: “In the current circumstances, the budget cannot be approved. We’ve enabled Mr. Sánchez to talk about a budget, but despite the calls and constant gestures, today, Pedro Sánchez’s government, with regard to the political conflict in Catalonia, has exactly the same policy as Rajoy’s government.”

Earlier last week, the “Socialist” government refused President Puigdemont’s proposal on the creation of a dialogue table on self-determination with international observers as well as a solution for the Catalan political prisoners.

Unless there are last-minute changes in the negotiations between the Spanish government and pro-independence parties, the 2019 Spanish General State Budget will be rejected by the Congress, leading to a more than probable snap election, which could radically change the current political panorama.

 

 

A Report by Rights International Spain (RIS) and Other International Organizations on Human Rights Violations in Spain

Rights International Spain (RIS), an independent non-governmental organization, formed by experts in international law and dedicated to the promotion and defense of civil rights and liberties, highlights in one of its documents the condemnation of Spain by the European Court of Human Rights (ECHR). In 2018 there were eight condemnations, for violations of rights similar to those committed in previous years. Other experts from UN agencies and the Council of Europe have also expressed their concerns about the repression suffered by the Catalan independence movement.

Condemnations

In 2018, the ECHR condemned Spain eight times for violations of the European Convention on Human Rights. The condemnations are about repeated violations of freedom of expression, the prohibition of torture, the right to a fair trial and an independent and impartial tribunal, and respect for family and private life.

In addition, the Council of Europe Anti-Corruption Group (GRECO) evaluated last January the degree of compliance by Spain with the recommendations issued after previous evaluations to prevent and combat the corruption of parliamentarians, judges, and prosecutors. GRECO observed that Spain had not applied or addressed any of the eleven recommendations contained in the last report, issued in 2014.

Earlier this year, the Commissioner for Human Rights of the Council of Europe addressed the Spanish Congress and Senate urging them to modify the current Citizen Security Law to eliminate all disproportionate interference in the rights to freedom of expression and freedom of assembly. The Commissioner expressed concern about the broad and inaccurate wording of the law, which gives a broad margin of interpretation to the police and, as a result, allows for arbitrary. This law resulted in sanctions with unclear foundations against journalists filming police officers or against people in peaceful demonstrations and disproportionate limitations of fundamental rights protected by the European Convention.

In December 2018, the Council of Europe mentioned Spain as a problematic example of the application of anti-terrorism legislation. The reason for this was vague and inappropriately widespread terms of the crimes concerning terrorism. Specifically problematic is Article 578 of the Criminal Code, which has led to disproportionate restrictions on freedom of expression.

Torture

The Sub-Committee for the Prevention of Torture recommended the creation of a new entity to prevent torture in Spain. Currently, such measures are handled by an Ombudsman’s office. In addition, other UN human rights experts urged Spain to suspend the extradition of Chinese and Taiwanese people to mainland China, as they risk torture and execution. Spain is a signatory of the international commitment to refrain from expelling, returning or extraditing persons to any State if there are reasons to believe that they may be subjected to torture or the death penalty.

Spain’s King Felipe VI Maintains his Confrontational Discourse against the Catalan Independence Movement

In his speech for the ceremony marking the 40th anniversary of the Spanish Constitution at the Spanish Congress on Thursday, Spain’s King Felipe VI maintained his confrontational discourse against the Catalan independence movement — over two million Catalans — and aligned himself with the far right-wing PP, C’s, and Vox parties against modifying the Constitution. His discourse comes amid the most serious crisis of legitimacy of the Spanish monarchy in the last 40 years.

The ceremony was attended by the current Spanish prime minister Pedro Sánchez, his living predecessors, and the king’s parents. The Catalan independence parties ERC and PDeCAT did not attend it, arguing that the current Constitution is a “tool” to repress the Catalans. Members of the EAJ, EH Bildu, and CeC were also absent.

Felip VI’s speech was triumphalist, defining the 40 years of the Constitution as “the greatest and most successful period of contemporary Spanish history.” He also made a fierce defense of the Monarchy as “a symbol of the unity and permanence of the State.”

During the ceremony, the king called on the Spanish people several times to “preserve” and ” not to distort” the values of the Constitution, which he defined as a great pact for social harmony and reconciliation” which the rule of law is based on. Although the monarch didn’t mention the Catalan crisis directly, he argued that differences between Spaniards must be resolved through dialogue, even by going to court, and by fulfilling legal decisions. He insisted several times that this will happen with respect for the law, without any type of imposition.

Felipe also claimed that the monarchy is “indissolubly coupled with democracy and freedom.” He added that Spain, which is a “strong and fully consolidated democracy,” has experienced “very serious events” in recent years but that the Constitution “has prevailed.”

Once again, Spain’s King Felipe adopted an anti-Catalan rhetoric that will benefit supporters of independence and will bring his popularity to a historic low in Catalonia. By closing the door to modifying the Constitution in the near future, the King not only positioned himself against the will of the supporters of  Catalan independence who want to build a new republic, but also against the immense majority of Catalans: 83% who, according to recent polls, wouldn’t approve of the current Constitution if it was voted on today in a referendum.

The King’s speech shows the Catalans that there is not any possibility of the Spanish State accepting any of their demands, so it appears that the only possible way left for the Catalans to prosper and build better living conditions for the next generations is by implementing the republic.

Hard times where a repressive State – Spain – is willing to use violence to impose their ideas are coming, but with unity, courage, unilateralism, and determination, the Catalans will have a chance of achieving their long-desired republic.