Catalan Independence Trial: Summary Most Important Testimonies May 13 and 14

May 13, Day 43 of Trial

The day started with testimonies from citizens who voted in the 2017 independence referendum followed by a declaration from Mireia Boya, a former MP of CUP party.

– Mireia Boya explained that she participated in the demonstration in front of the Catalan Finance Ministry on September 20, 2017, to protest against the detention of Catalan government officials. “The atmosphere was festive. It was easy to get to the door,” she said.

Boya also explained that she went to “defend” the CUP headquarters the same day when she heard that the Spanish National Police was trying to enter the building without a court order.

– Francesc Esteve, the head of the Catalan government’s legal department, told the court that he was not aware of any irregular payments made by the Catalan government for the referendum.

– Mercè Corretja, head of the Catalan government’s public procurement, said that she searched the public contracts registry several times and she hadn’t found anything related to the referendum. She also said that the Catalan government accounts had been blocked by Spain 15 days prior to the vote.

– Nuria Cuenca, the head of the education department in the Catalan government, told the court that the Spanish police caused damage at schools of €268,000 the day of the referendum.

May 14, Day 44 of Trial

The day was marked by a clash between Judge Marchena and Jordi Cuixart‘s defense counsel, Benet Salellas.

Judge Marchena repeatedly interrupted the witness Marina Garcés whenever she expressed her feelings over the referendum day. “We can’t waste time,” he said.

Judge Marchena: “Your personal opinions are of no interest, even though you would love to keep talking about them.”

Lawyer Benet Salellas protested Marchena’s assessment, noting that the court had been receptive to “the perceptions of witnesses of the referendum when they were police officers.” However,  Marchena suggested he would be glad if Salellas remained quiet during the cross-examination of academic Marina GarcésSalellas then protested and denounced a “continued violation of fundamental rights” and said he would not be asking further questions as a result of the decision. “Much better,” Marchena responded.

Ramon Font, the head of an education trade union, spoke about the initiative to keep schools open with activities during the independence referendum weekend.

Font said that many organizations joined the initiative: “We couldn’t conceive that schools, for us temples of culture and democracy, would remain closed for any state decision.”

Jordi Pesarrodona, a voter of the referendum, said that the Spanish police hit his testicles with batons several times the day of the referendum.

Maria Lluisa Carrillo, a voter of the referendum, said she was thrown to the ground by the Spanish police, who then, broke her pelvis.

Mercé Arderiu, a lawyer at the Catalan parliament, said the order of the day was changed on a 6 and 7 September 2017 plenary session at the request of MPs. She explained speaker Forcadell had no power to prevent this from happening.

Lluis Corominas, a former member of the Catalan Parliament’s Bureau, on the former speaker Forcadell: “All formal necessities were always examined. The president cannot do anything alone.”

Anna Simó, a former member of the Catalan Parliament’s Bureau, said that Forcadell never once used her tie-breaking vote in any parliament decision. “The president of the chamber could not stop the alteration of the agenda. It was up to the parliament,” she said.

Additional Information 

On May 14, the electoral authority stopped jailed leader Junqueras from joining a televised EU election debate, arguing that it was incompatible with the timetable of the prison where the former vice president is being held.

Also on May 14, Catalan speaker Roger Torrent met with the Council of Europe  commissioner for human rights, Dunja Mijatović, to talk about Spain’s “violation of rights and democratic regression.”

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. 

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.  

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. >>