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.

 

 

 

 

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The PP Is Willing to Undermine the Formation of a Stable Pro-Independence Government in Catalonia

Despite the poor results obtained in the latest Catalan general elections, 4% of the votes, the PP – which is also the ruling party in Spain – appears willing to unlawfully prevent, by any means, the formation of a stable pro-independence government in Catalonia.

A PP’s spokesperson, Pablo Casado said, “Catalan unionist parties must try to form a constitutionalist government in Catalonia because, though they didn’t get an absolute majority of seats in Parliament, it is still possible.”

Casado also suggested that the Spanish government will use the current judicial situation of numerous pro-independence leaders, who were elected in the latest elections but are in prison, exile, and facing criminal charges, to attempt to undermine the formation of a Catalan pro-independence government.

Up until today, this move would affect Oriol Junqueras (ERC), Jordi Sànchez (JxCat), and Joaquim Forn (JxCat), who are in prison, as well as Carles Puigdmeont (JxCat), Clara Posantí (JxCat), Jordi Puig (ERC), Meritxell Serret (ERC), and Toni Comín (ERC) who are in exile in Belgium.

Nevertheless, even if the Spanish government prevents them from taking office, pro-independence parties would still hold a simple majority of 62 seats in Parliament against the 57 unionists. Thus, the only possibility of forming an alternative unionist government would elude them unless the PP and C’s manage to negotiate with the CeC a leftist party that adamantly opposes them. But if such a unionist coalition were to happen, it would serve to install an authoritarian government that aims to criminalize any pro-independence movements across Catalonia.

A feasible alternative to prevent such a scenario would require by the 8 pro-independence deputies, who are in exile or prison, to renounce office. But this move would likely worsen their judicial situation since this would imply that they could be judged by the Spanish National Court, which is under the control of the Spanish government. Catalan deputies have immunity, and hence, can only be judged by the Spanish Supreme Court, which has proved to be far more neutral and fair than the National one. Whatever final decision pro-independence parties make, it will be soon, as the Parliament of Catalonia will be constituted on January 17th.


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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.

Catalonia’s Decisive Week for Independence

On Tuesday, Catalan President Puigdemont “declared Catalonia’s independence,” but soon after suspended its effects in favor of dialogue with Spanish authorities. His decision came after numerous international actors suggested that mediation would only be possible if he halted independence as a sign of good faith.

Nevertheless, numerous members of parliament, who were informed about Puigdemont’s decision only 45 minutes before his intervention, expressed their disagreement and threatened to boycott his speech, as well as threatening to break the pro-independence absolute majority in Parliament. They stressed that they had agreed on a different declaration earlier in the day.

To address this alarming situation, President of Parliament Forcadell decided to suspend the plenary for 1 hour. While the disagreements remained, everyone present in the meeting finally accepted Puigdemont’s changes to the speech in order to maintain unity. Additionally, they agreed to hold a ceremony to sign an unofficial declaration of independence in another building after the plenary in order to give more solemnity to the day.

Tens of thousands of people who gathered around the parliament to celebrate the proclamation of the new Catalonian Republic ended up with mixed feelings. At first, when Puigdemont declared independence, they felt very excited, but this turned to disappointment when he suspended its legal effects without setting a deadline a few seconds later.

Most experts saw Puigdemont’s move as a wise one because it served to show the international community that Catalonia is seeking dialogue until the very end, which favours future international recognition of Catalonia as an independent country.

On Wednesday, Spanish PM Rajoy refused Puigdemont’s latest offer of dialogue and activated Article 155, which can be fully implemented a few days after Puigdemont responds to a mandatory request for information as to whether he has declared independence. He was given until Monday to respond; if it is in the affirmative, this period is extended until Thursday, with the option of altering the decision.

With Article 155, Rajoy can suspend Catalonia’s government, intervene in the education system and the police, and even call for an early election while installing technocrats from the central government to rule Catalonia for at least 3 months. In parallel, pro-independence parties and organizations may also be barred from participating in any eventual general election for at least 4 years.

Major pro-independence organizations are preparing a proportionate response to the implementation of the Article 155 and the possible arrest of Catalonia’s President and vice-president, which includes mass protests, and an indefinite general strike. The main idea would be to collapse the Spanish and European economies and eventually force an international intervention/mediation in Catalonia.

The response may be precipitated by Spain this Monday, because the leaders of the two major pro-independence organizations, Cuixart and Sanchez, have been summoned by the Spanish National Court to testify about “sedition charges” (punishable by up to 15 years in prison + a fine). According to some journalists with contacts in the Spanish government, the judges who are hearing these two cases have already made the decision to jail them in order to smash their respective organizations and thus spread fear across Catalonian society.

Against this possible outcome, Cuixart and Sanchez named their replacements on Saturday. In the meantime, pro-independence organizations and parties such as the ANC, Omnium, ERC, CUP, Democrates and several MP’s from the PDECAT have called on Puigdemont to lift the suspension of Catalonia’s declaration of independence and implement its legal effects as soon as next week. If possible before the Spanish implementation of Article 155.They believe there are no longer grounds for mediation or negotiations as equals with Spain, and that the only way to bring about international mediation/negotiations is by formally declaring independence first.

With this in mind, Puigdemont will have to make the most important decision of his life tomorrow morning. He must decide whether to go all-out to respect the will of the Catalonian people and face a prison sentence of up to 15 years or to surrender, refuse to declare independence, and thus comply with the Spanish government’s will.

Whatever Puigdemont’s decision may be in the coming hours, the worsening of the conflict between Catalonia and Spain appears to be inevitable, given that if he surrenders the independence process, millions of Catalans will then feel betrayed, resulting in the radicalization of many who would rise up against the Spanish government in order to defend the newly promised Catalonian Republic.

Perhaps the only thing that can stop this upcoming clash would be Spain’s acceptance of international mediation. Although, I must admit that I do not have much hope of that happening.

 

The Week that Spain Lost Catalonia

The detention of 15 high-ranking officials and the suspension of the Catalan government, last week by the Spanish government, in order to halt the referendum on independence set for tomorrow appears to have united separatists, federalists, and a significant number of unionists in defense of the vote.

“I have always been opposed to this referendum, because I am a federalist. However, the latest Spanish aggressions against Catalonia in order to humiliate our people is intolerable. That’s the main reason why I have decided to vote, and I will vote “YES” because I do not want to belong to a dictatorship like Turkey any longer. I think that the creation of a new state would give us the chance to build a more fair country and society” said David, a Barcelona citizen.

My family and I have always voted for unionist parties. We like Spain and most of our friends are from Madrid. Nevertheless, the Spanish repression of the Catalans this week is unacceptable. The government has violated the international law and has restricted the freedom of expression in Catalonia. They have raided printing shops, newspapers offices, and forbidden Catalan editors from advertising the referendum. Last week, they suspended our government and detained a number of our democratically elected representatives. Until this week, I was not going to vote in the referendum because I have always been a unionist, but Spain does not give me any other option. I will go to vote “YES” because this is no longer a referendum on independence, it is all about “Democracy” VS “Dictatorship,” said Marta, a Barcelona businesswoman.

The Catalan government has had serious problems in mobilizing the “unionists” for this referendum until the past week. Most of them thought that they could defeat the Catalan President by promoting a boycott of the vote. However, the latest Spanish aggressions against Catalan institutions have changed the situation, and it appears now that the vast majority of unionists are willing to support the referendum, in order to preserve democracy. This could result in a historic turnout that cannot be ignored by the international community.

The constant attacks against Catalonia by the Spanish government have also united separatists, federalists, and several unionist political parties, which are now calling on the people for mass participation in the referendum. Additionally, they are planning a social/labor indefinite general strike starting on October 3rd, in order to collapse the Spanish economy, if Spain does not recognize the results of the vote.

Although the Catalan government has always been committed to carrying out the referendum, there has always been serious doubts about the validation of the results. However, it seems that the latest anti-democratic actions against Catalonia by Spain have already guaranteed the international recognition of the results, whatever they may be.

Spain Assaults the Catalan Government

Spanish militarized police assaulted Catalan government offices and arrested 15 officials on Wednesday in order to stop the October 1st banned referendum. The Catalan president said that this action meant the suspension of Catalonia’s government and the implementation of a state of emergency across the country.

Tens of thousands of protesters crowded outside the Catalan government offices in downtown Barcelona’s tourist district, waving Catalan flags and chanting “Occupying forces out” and “Where is Europe?”.

The Spanish state has by all rights intervened in Catalonia’s government and has established emergency rule,” said President Carles Puigdemont. “We condemn and reject the anti-democratic and totalitarian actions of the Spanish state,” he said, calling on the Catalans to vote in the referendum to preserve democracy.

Spanish militarized police detained Catalonia’s junior economy minister Josep Maria Jove and 14 high-ranking local officials. The raid targeted numerous regional government departments.

Police confirmed that they were carrying out raids to dismantle the organization of the October 1st referendum.

Despite Spanish police provocations to cause riots, mass protests across Catalonia remained peaceful. Protesters bore banners reading “Democracy” and “Vote to be free”.

The FC Barcelona soccer club said in a statement: “FC Barcelona, in remaining faithful to its historic commitment to the defense of the nation, to democracy, to freedom of speech, and to self-determination, condemns any act that may impede the free exercise of these rights.”

Police efforts to stop the referendum have intensified in recent days as the Catalan government reaffirms its commitment to hold the referendum by any means. A few days ago, President Puigdemont said that he and his administration members were willing to go to prison if necessary. He added that he is not afraid of defending people’s rights.

Over the last few weeks, the Spanish police have raided printer’s shops, newspaper offices private post-delivery companies looking for the necessary material to hold the referendum, instruction manuals for manning voting stations and ballot boxes.

 

1 Million People Attend a Pro-Independence Rally in Barcelona

On Monday, one million pro-independence supporters gathered in Barcelona for the National Day of Catalonia, three weeks before the key independence referendum on October 1st.

The city’s streets were flooded with hundreds of thousands of people several hours before the rally organized by the Catalan National Assembly (ANC) and Òmnium Cultural was set to begin. According to the organizers, up to 2000 buses from cities all over Catalonia made the journey to the capital.

The rally began at 5.14 PM with one minute’s silence held in remembrance of the victims of the Barcelona and Cambrils terror attacks. Spirits were high as the atmosphere changed from one of anticipation to eager excitement and optimism with hopes for a positive result in the coming referendum.

Four banners with messages of peace, independence and liberty were passed along by the protesters in a show of unity.

Voting has never been a crime,” President of Òmnium Cultural, Jordi Cuixart, addressed the crowd of thousands. “In spite of their fears and threats, we have our own laws based on international legislation. The Spanish courts no longer defend the collective interests of the Catalan people… They want to silence democracy.”

Nobel Peace Prize Laureate and representative of the Tunisian Human Rights League Ahmed Galai was also present. A key supporter of Catalan independence, he inspired crowds with his speech stating that “referendum is democracy.” After key speeches made by organizers and pro-independence politicians, crowds began to disperse at around 7 pm.

This year, the annual pro-independence rally was more crucial than ever, since it came in the context of an all-out confrontation between the Spanish and Catalan governments. A few days before the rally was held, the international community said that a low turnout would weaken the legitimacy of the Catalan government‘s disobedience of the Spanish government and Supreme Court in holding the independence referendum set for October 1st.

Nevertheless, the spectacular turn out of 1 million people demanding that the Catalan government hold the referendum, no matter what, appears to have given the necessary legitimacy to the Catalan President to disobey the politicized Spanish Supreme Court and the Spanish government.

After Monday’s mass rally, Catalan President Carles Puigdemont said this morning during an interview that he and his government will not accept a hypothetical suspension of their mandate by the Spanish Supreme Court. He added that from now on, he will only follow the Catalan legislation which stipulates that he can only be suspended by the Catalonian people. He also stressed that not only is holding a referendum on independence not illegal, but a right spelled out in the two 1966 UN Conventions on Human Rights which the Spanish Constitution recognizes as the supreme law of the land.

Last week, Catalonia’s parliament passed two crucial laws: the law of the referendum, which allows the government to hold the unilateral independence referendum in October, and the law of “transitorietat” that will only be applied if most Catalans vote in favor of the independence in the referendum. This law would serve as a new constitution until the new one is written, approved, and voted via referendum by the Catalonian people.

It is expected that the tension between the Spanish and Catalan governments will grow to limits never before seen in democracy during the days prior to the referendum. The Spanish government will try to prevent the referendum from happening by all means, but, if it is held in the end, the most important indicators for the international community to validate the results will be the turnout, the opinion of the international observers, and the transparency of the process.