President Puigdemont’s Defense Denounces that “Some People in the EU Parliament don’t Act in Accordance with the Law”

Lawyer Simon Bekaert, one of Puigdemont and Comín’s lawyers, said in an interview for ACN that he hopes that the veto of the two elected MEPs by some members of the EU Parliament is “illegal” and warns that his team is ready to appeal to an instance such as the EU Court of Justice (ECJ) if necessary.

“We are aware that there are forces within the European Parliament and its administration that are trying to prevent that both Puigdemont and Comín from occupying their seats on July 2.” As to whether or not they will wait until day 2 to take legal action at European level, Bekaert merely said: “We will see.”

Whether or not to go to an international body and the legal strategy, he insisted, it will depend “on how the European Parliament reacts or does not react. We hope that they have considered the arguments we have made and that they comply with European law,” he says. In this regard, he emphasizes that it is not only a legal matter, but also one of “credibility and legitimacy.” If Puigdemont and Comín cannot occupy their seats, the institution will lose legitimacy as a democratic institution,” he warned, at a time when, according to him, “there are many people who have already lost faith in European institutions.” In any case, he says that if it arrives to the point where they should go to the Luxembourg court they will ask for a “quick resolution” because “there is much at stake.” “It is not a question of Catalonia or independence, but a greater concern: the legitimacy of the European Parliament as an institution and the fact that there are people trying to prevent elected MEPs from taking their seats,” he said.

For the lawyer, European law is “very clear in one thing: that members of the EU Parliament do not represent their country but the citizens who voted for them.” Thus, he recounts, European legislation says “clearly” that the European Parliament “must take into account the results of the elections and based on the results must declare the elected persons as members of the chamber.” In addition, he explains that all the members of the chamber “must act personally and without ties.” In this regard, he considers that the fact that they were obliged to abide by the [Spanish] Constitution “is clearly a violation of these principles.” “There is no other MEP from any other country that has to go to his country to make an oath of loyalty, therefore it is very clear that it is an illegal condition.”

Summary Penultimate Week of Independence Trial: June 4

On Tuesday, the concluding statements from the prosecuting lawyers (at the Supreme Court trial of 12 Catalan political leaders) were heard:

– Spain’s Public Prosecutor affirmed that the 2017 Catalan independence referendum was “a coup d’état.”

– Attorney Javier Zaragoza affirmed that the roadmap to independence, including a referendum and a declaration of independence in 2017, was a violent insurrection, uprising, involving coercion.

It was a serious attack on the foundations of the constitution with illegal, coercive methods, using violence when needed,” he said.

Zaragoza also said that the 9 jailed Catalan leaders were not political prisoners.

There are no political prisoners, they are not political prisoners,” he insisted. He also rejected the UN Working Group on Arbitrary Detention’s report urging the “immediate” release of the leaders, accusing the institution of ignoring Spain’s arguments.

– Spanish prosecutor Moreno: “There was violence, it was necessary for their cause, they knew the vote would provoke confrontations, and yet they still called people to vote knowing what would happen.”

– Public Prosecutor Fidel Cadena said that the jailed Catalan leaders should be charged with rebellion because “they violated the constitution and the foundations of the Spanish state.”

– Rosa María Seoane, the Solicitor General, affirmed that the “trial against the Catalan leaders is completely transparent” and denied that their right to defense was undermined during the process.

– The popular prosecutor of the far-right Vox party, accused the political prisoners of perpetrating “the most sophisticated and original coup d’état against a democracy ever seen in a modern society.”

– Javier Ortega Smith, one of the lawyers for far-right Vox, affirmed that the accused were part of a “criminal organization.”

Vox lawyers concluded by saying that they wanted tough sentences “so that no one dares to attack the constitutional order again.”

Additional Information

The trial will resume on Tuesday, June 11, at 9.30am with the closing arguments from the defense lawyers. The lawyers will only have one hour to defend each of the accused.

The United Nations Working Group on Arbitrary Detention calls for the immediate release of the jailed Catalan leaders Jordi Sànchez, Jordi Cuixart, and Oriol Junqueras.

– “Prosecutors are trying to define a new concept of violence” says defense lawyer.

Catalan Independence Trial: Summary May 27, 28, and 29

May 27, Day 47 of Trial

– The documentary evidence phase started on Monday, showing documents and presenting hundreds of videos from both the defense and the accusation related to what happened during Autumn of 2017.

– Videos were not shown during the witness stage of the trial, and in this documentary phase no commentary on the footage was allowed.

– The evidence shown on Monday included police reports on activities allegedly related to the misuse of public funds and the seizure of material for the referendum.

– The accusation presented videos showing “violence” perpetrated by the voters against the Spanish police.

– The defense presented videos showing the “violence” perpetrated by the Spanish police during the October 1 referendum.

May 28, Day 48 of Trial

– On Tuesday, videos presented by the prosecution team aimed to establish that violence was used in the 2017 independence bid were shown.

– Footage shown in court featured protesters and voters peacefully trying to prevent the Spanish police from entering polling stations during the 2017 independence referendum.

– In many cases the state prosecutor was unable to say where or when the footage had been recorded.

– The prosecutor was often unable to tell the defense lawyers where exactly the video had been recorded, saying that the intention had been to show the “general climate everywhere.”

May 29, Day 49 of Trial

– The defense teams presented their video evidence in court.

– The videos shown in court featured some of the jailed leaders calling for the people to keep a peaceful attitude during the referendum.

– One of the videos featured the jailed Catalan leader Jordi Cuixart openly rejecting “violence and non-democratic behavior.”

– Videos with images of police violence against peaceful voters and protesters at numerous locations across Catalonia were shown.

– The lawyers for the defense were able to identify when and where each of the videos had been filmed.

Additional Information

– The defense will present their summaries on June 10 before the defendants also share their closing remarks.

– The public prosecutor confirmed the charges of rebellion against most of the defendants on trial and requests prison sentences of up to 25 years for organizing a referendum and declaring independence in late 2017.

– The prosecutor requested 17 years in jail for the former parliament speaker Carme Forcadell and for the Catalan leaders Jordi Cuixart and Jordi Sànchez.

– The prosecutor requested 16 years in jail for the former Catalan ministers Jordi Turull, Josep Rull, Dolors Bassa, Raül Romeva, and Joaquim Forn.

– The solicitor general’s office requested 7 and 12 years in prison for sedition.

– The private prosecutor representing the far-right party Vox requested 74 years in prison for the former ministers and 62 years for Sànchez and Cuixart.

– Vox reduced its demands regarding Santi Vila, reducing the charges to disobedience, which carries no prison sentence.

Catalan Independence Trial: Summary Most Important Testimonies May 22 and 23

May 22, Day 45 of Trial 

Wednesday’s session started with the testimonies of Catalan government officials and ended with the beginning of the “expert phase.”

Jordi Martínez Soler, a social media advisor for the Parliament, explained that he managed Forcadell’s social media accounts in Autumn 2017 and explained the content of the tweets he tweeted during that time.

Ricard Gené, who was part of the Catalan National Assembly (ANC)’s secretariat at the same time as Carme Forcadell, explained that the role of Forcadell, currently accused of rebellion, was as a ”representative and not an executive.”

Forcadell was not involved in elaborating the ANC’s roadmap,” he said.

– Rosa Maria Sans, who is the head of management of the use of government facilities and equipment by non-profit organizations at the Catalan Department of Labour, Social Affairs and Families, explained how was his work during the 2017 Autumn.

– The expert phase started with the Supreme Court judges overlooking some of the complaints from the defense, who called on the court to dismiss some experts on the grounds that they had not seen their reports before the session, which violated the right of their clients to have a proper defense.

– An expert affirmed that publicity material commissioned for the 2017 referendum was actually produced, whether or not it was later paid for by public money.

If the administration does not pay for something commissioned, an “irregularity” and ‘unjust enrichment are committed’, added the Spanish tax official

NOTE: The tax expert witnesses were all called by the accusation and one of them used to work as an advisor for the former Spanish right-wing government.

John Paul Lederach and Jesus Castañar, experts on mass non-violent movements, gave evidence about the character of the 20 September 2017 protests in front of government ministries following numerous illegitimate raids by the Spanish police. They both affirmed that the protests were an “act of persuasion” and not an act of civil disobedience. They said there was no violence committed against police officers and no attempts to seize public buildings.

May 23, Day 46 of Trial

The day started with the testimonies of experts called by both the prosecution and the defense.

Josefina Valls and Xavier Urios, director of services and chief lawyer at the Catalan governance ministry, said that the ministry didn’t spend money for the referendum.

Pau Villòria, head of the Department of Enterprise during the 2017 referendum, explained that his department did not spend money for the referendum nor did they allow any of their venues to be used for that purpose.

Experts called in by the lawyers of the former Catalan Labour Minister Dolors Bassa said that they could not establish a rental cost for public venues that were used during the referendum since these were not bound by rental contracts.

– Doctors said none of the 60 cases they examined related to Spanish police officers were “serious” injuries. In 32 cases, no treatment was recommended. A further 11 cases were finger sprains. Others involved bruising.

Additional Information

The Spanish Supreme court communicated the defense that the trial of the 12 Catalan pro-independence leaders is set to come to a close on 11 June.

The defense will take the stand for their closing arguments on 10 June, before the defendants make their closing remarks on 11 JuneThe Supreme Court ruled that each of the 12 accused parties will be given 15 minutes to address the court directly before the proceedings are over until the sentencing.

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 29 and 30

April 29, Day 37 of Trial

Ivo Vajgl, MEP for Slovenia, told the court that he considers jailed Catalan leader Romeva a “defender of human rights” and that his relationship with him involved conflict resolution.

“I’ve always said that Romeva has always acted peacefully and has defended dialogue. We collaborated on issues related to peace and war in Syria and the Middle East,” said Vajgl.

“The Catalan question was always present in the European Parliament. Everyone has their own opinion, mine would be to face the issue with dialogue,” explained Vajgl.

Portuguese MEP Ana Gomes said that she and Romeva were both members of a subcommittee of defense in the European Parliament.

“I am absolutely convinced that Romeva is a true democrat who is pro-human rights. Regarding Catalonia, we spoke in private; he was in favor of dialogue and an agreement,” Gomes told the Court.

The Portuguese politician explained that she attended a conference on the Catalan conflict and possible solutions.

“I went to it because the ideas on how to solve it seemed interesting to me. They were pushing for an agreed referendum solution, like what we saw in Scotland,”  explained Gomes.

German MP Andrej Hunko said that he was invited to Catalonia by Diplocat, the diplomacy council of Catalonia, but affirmed that his visit was not official as an international observer.

“We wrote a report [on the referendum], making particular mention of the violence from the Spanish police,” said Hunko

“I didn’t see any act of violence by protesters against police cars,” said Lluís Llach, singer and former Catalan MP, in reference to the protests on September 20, 2017, against Spanish police raids of Catalan government buildings.

“We take to the streets because we know that the protests are peaceful, and should anyone engage in violent acts, we would leave them alone,” Llach told the court.

April 30, Day 38 of Trial 

A witness said that the Spanish police officers were very violent during the referendum. He saw police officers “beating people and pulling them by the hair.” Another witness said he was forcefully removed by officers, who then kicked him “twice in the back.”

Joan Pau Salvadó, who participated in the 2017 independence referendum, said that the police beat voters despite being peaceful. “The voters were raising their hands and chanting: we only want to vote.” “It was the most important day of my life,” added Salvadó. 

Albert Salvadó, another voter, told the court: 

“The first officers brought people out without violence, but they were forceful. After that, more police arrived, and they exercised explicit violence. I saw several friends with T-shirts with blood.” 

Salvadò also said that there was neither violence nor threats against the Spanish security forces by voters. 

David Elvira, former head of the Catalan health department, CatSalut, said that some 1,066 people received medical assistance for injuries provoked by the Spanish police violence during the referendum.

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 9, 10, and 11

April 9, Day 28 of Trial 

Spanish police officers involved in operations in the town of Sant Carles de la Ràpita, Vilabella and Mont-Roig del Camp said that voters “kicked and threw stones at police during the independence referendum,” which caused them several injuries.

 

April 10, Day 29 of Trial 

– A Spanish police officer said that he was chased by “two Catalan plain-clothes-police officers wearing earbuds with microphones, in a car that was property of the presidency ministry [of Catalonia].” 

– A Spanish police officer said that no joint operation with the Catalan police was considered on what polling stations they would act.

– Another police officer said that leaving the polling stations was “the most difficult part,” recalling voters hitting police vehicles and “throwing stones at the officers.”

– Another officer said he saw voters carrying “sticks, helmets, and chains.” Although he denied seeing any concrete act of violence.

 

April 11, Day 30 of Trial

A Spanish police officer contradicted Diego Pérez de los Cobos, chief commander of all police forces during the referendum, and Enric Millo, Spanish delegate in Catalonia during the referendum, when he said that they received an order to stop the police actions in the afternoon of the referendum.

 

Additional Information

On the day 28 of trial, Jody Williams, 1997 Nobel Peace Prize laureate, said outside the Spanish Supreme Court building in Madrid that she sees the trial against the Catalan political prisoners a “grotesque abridgment of human rights.” 

“By jailing the pro-independence leaders, the Spanish judiciary is already implying they are guilty. This is the message they’re sending to all people in all of Spain in addition to abridging the right of referendum. They’re abridging freedom of expression, freedom of assembly, and freedom of peaceful protest,” Williams added. 

On the day 30 of trial, the Supreme Court rejected a request from the Catalan political prisoners to leave prison in order to take part in the campaigns for the Spanish general election on April 28 and the local and European elections on May 26.

 

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.”