The UN Presents a Report on Human Rights Violations by Spain, to the Human Rights Council

Last Friday, the UN Working Group on Arbitrary Detention (UNWGAD) presented its report on Spain’s human rights violations in its treatment of the jailed Catalan leaders to the Human Rights Council. 

In May, the group demanded the immediate release of jailed Catalan leaders Oriol Junqueras, Jordi Sànchez and Jordi Cuixart. Their investigation found that both freedom of expression and the right to demonstration and participation had been clearly violated. Likewise, the statement places the Catalan pro-independence leaders within a “peaceful political movement,” and they are in jail “for their political ideas.”

The working group also considered they should have “the right to obtain compensation and other forms of reparation in accordance with international law.”

The UNWGAD investigates arbitrary detentions which are alleged to be in breach of the Universal Declaration of Human Rights.

Although Spain had initially asked to participate in last Friday’s hearing, at the last minute it withdrew without further comment.

Spain’s withdrawal comes after a representative accused UNWGAD of launching a “misinformation campaign.” After last Friday’s hearing, the United Nations Human Rights Council (UNHRC) will assess the report and make recommendations to all the States which have committed human rights violations, including Spain, though these are not binding.

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The Spanish Judiciary Irregularities and the Protection of Freedoms and Rights

The President of the Spanish General Council of the Judiciary (CGPJ), Carlos Lesmes, has initiated a marathon of appointments of high judicial positions despite the fact that the council is pending renewal. He has already made the appointment of 13 of the aforementioned positions and plans to do about 25 more before August. The vacancies to renew include the presidency of the National Court and four seats of the Supreme Court.

Elisa Beni denounces in eldiario.es that this situation is unusual and “looks so bad that not only forces to question whether a CGPJ with pending renewal mandate can take these decisions that will tie his successors for five years in a body that will have a majority of progressive sensitivity, but also the anomalous way it is being done.”

She also regrets that “something so serious goes virtually unnoticed by the public as well as some politicians who do not see the seriousness of what is happening.”

The current Spanish judiciary is also currently deliberating on the sentences for the jailed Catalan leaders, who are expected to receive harsh punishments: sentences by up to 30 years in prison, for no apparent reason other than holding a depenalized democratic vote: a self-determination referendum.

Given the aforementioned anti-democratic moves, it’s not surprising that most Catalans support independence. The conclusion is clear: the Spanish authoritarian state is unreformable. Thus, the creation of a new state is a good opportunity for the Catalans to build a most prosperous and fair country where no one is above anyone else and all fundamental rights are respected.

The Independence Trial verdict, expected to be announced between July and October, will be another test of the strength of Spanish “democracy.” Because of several unfair verdicts in the past, the current Spanish Judiciary hasn’t given any reason for optimism – rather the contrary. So, pro-independence forces have the responsibility to find strategic unity leaving aside any kind of partisan division. It will be necessary to articulate a strong, peaceful and democratic response to the verdict in order to defend and protect the freedoms and rights achieved in the past by our parents, grandparents and ancestors.

It is important to remark that this democratic “battle” is not only about independence, but the protection of fundamental rights. These could be curtailed or even entirely eliminated by the Spanish State for many generations to come.

Authoritarianism VS Democracy

It’s still uncertain who will win this struggle, but it’s sure that everyone must choose one option to stand for and that the outcome will mark us as a society for many years to come.

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 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.

Attacks against Catalans in the Aftermath of Saturday’s Historic Demonstration in Madrid

Users of social networks have reported aggressions in Madrid in the aftermath of the historic rally held by pro-independence organizations on Saturday against the trial of the Catalan political prisoners and to defend the right to self-determination.

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Tweet: In front of me, they have broken this banner and the Estelada at the head of a colleague, in front of us. It was a group of 5 or 6 fascists.

 

At least two buses returning from Madrid received the impact of a rock, which broke one of the side glasses of the vehicles. One of the rocks would have been thrown from one of the bridges of the Spanish capital, located above the road where the vehicle was circulating, when was leaving the city.capturaaa2Tweet: Two buses – so far – with a broken glass at the exit of Madrid after receiving the impact of a stone. One from Canet and another from Barcelona’s Eixample with people who return from the demonstration.

 

1200_1552774158WhatsApp_Image_2019-03-16_at_22.32.25Image: One of the side glasses of a bus broken by stones thrown by fascists.

 

1200_1552774157WhatsApp_Image_2019-03-16_at_22.32.26_(1)Image: One of the side glasses of a bus broken by stones thrown by fascists.

 

Several people have also reported the placement of spikes below the tires of numerous buses.

Captura 4Tweet: Spikes have been placed below the tires of the buses.

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.