The Catalan Police Group Guilleries Warns that Spain’s Police Agents Participate in Far-Right Unionist Squads

On Friday, the Catalan police group, Guilleries, released a statement on Twitter where they reported that agents of the Spanish police Civil Guard had participated in a unionist far-right group meeting that had acted across Girona’s region (Catalonia) over the last few months. 

On Tuesday night, the Catalan police were alerted by an unnamed local source neighborhood of a far-right group meeting in a bar in Figueres (Girona) that was allegedly preparing to remove Independence symbology and yellow ribbons from numerous towns across the region of Girona.

When the Mossos arrived, they observed that two men from the group left the bar and got in a black color car. That’s when Catalan police followed and intercepted them. The surprise was when the two men in the car identified themselves as agents of the Spanish police Civil Guard.

According to the Mossos, these two agents were “nervous and cooperated very little.” They refused to give any explanation about why they were participating in a far-right group meeting. In this regard matter, the Catalan police demand that the Spanish Ministry for Home Affairs clarify what tasks are being carried out by the hundreds of Spanish police agents deployed across Catalonia that are not part of the ordinary staff. “It would be unacceptable that public resources are being spent to integrate police officers into squads aimed at provoking civil strife.” The Guilleries group of Mossos warns of the presence of Civil Guards infiltrated in extremist unionist squads.

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The Spanish “Socialist” Party (PSOE) and the Popular Party (PP) to Reach an Agreement on the New Composition of the General Council of the Spanish Judicial Power (CGPJ)

The Spanish “Socialist” Party (PSOE) and the Popular Party (PP) are negotiating over the new composition of the General Council of the Spanish Judicial Power (CGPJ), the governing body of the judiciary, as well as the presidency of the Supreme Court. The new appointments to the CGPJ  are scheduled for early December. Twenty members will be appointed: twelve by magistrates and eight by political parties in the Spanish Congress with a qualified majority of three fifths. 

The PSOE needs the PP for the renewal of the GCPJ given that it requires the aforementioned super-majority of three-fifths in the Spanish Congress. The negotiations between the PP and the PSOE began early this August though no final agreement has yet been reached.

The PP has proposed Manuel Marchena, the current President of the Criminal Chamber of the Supreme Court, to replace Carlos Lesmes at the head of the General Council of the Judiciary (CGPJ). The name Marchena has political significance. He currently presides over the chamber that will judge the Catalan leaders and political prisoners who were involved in last year’s independence referendum. He will also be the one to announce the final sentences against them. Though not officially decided yet, the PSOE will propose someone like the Vice-President of the Constitutional Court, Encarnación Roca. However, the PSOE could end up accepting the PP’s proposal given that the deadline for proposing the members of the new CGPJ is today, and it needs the support of the PP. It’s believed that failing to reach an agreement would weaken the PSOE.

The PSOE is planning to give Unidos Podemos one of the names of the ten judges that they will nominate. Apparently, Podemos will choose Victoria Rosell. Thus Podemos appears to support this flagrant violation of the separation of powers in Spain that they once strongly criticized.

The Spanish Government won’t involve the Catalan pro-independence parties in the renewal of the Spanish judiciary, although the Catalan Government didn’t intend to participate in any case. The Catalan administration believes that the twenty members of the CGPJ should be elected by the judges, and not by parties. The renewal of the Council of the Spanish Judiciary comes on the eve of the trial against the Catalan political prisoners over last year’s independence referendum and after the scandal of the sentence of the mortgages that have buried the prestige of the high court, which makes clear the inexistent separations of powers in the Spanish State.

Given that a significant number of judges of the CGPJ, the governing body of the judges, are directly appointed by the two major political parties in the Spanish Congress, who can guarantee that the Catalan political prisoners will have a fair trial? On the contrary, it appears that the sentence against the Catalan leaders will be a political decision that is expected to be a tough one.

The Spanish Supreme Court Violates Fundamental Rights of the Catalan Leaders who will Be Tried over Last Year’s Independence Referendum

On Thursday, the Spanish Supreme Court officially finished the inquiry of the referendum case and opened the phase of the trial against 18 Catalan leaders, including the political prisoners who have already spent over a year unfairly imprisoned. The Court, which has accepted Judge Llarena’s findings, will try the Catalan leaders for rebellion, misuse of public funds, and disobedience. The prosecutor’s office and the private prosecutor VOX party have had five calendar days since last Thursday to announce the proposed sentences after which the defense will have five additional days to present arguments calling for the acquittal of the Catalan leaders. This process is expected to end between November 7th and 15th. 

The trial is expected to begin in January with two daily sessions, morning and afternoon, during which the political prisoners will be transferred to Madrid prisons. This will last between two and three months and the defense is seeking to televise it in order to provide international coverage of a trial they believe to be a farce. The rapidity of the Supreme Court in opening the trial in such a complex case, where the defense has not had access to all the necessary documentation to prepare for it, clearly violates the fundamental rights of the Catalan political prisoners and the rest of the defendants. 

The Spanish Supreme Court has dismissed more than three hundred requests for the inclusion of evidence, documents, and testimony such as the information of the ICS on the number of people injured the Oct. 1 by the police with details of clinical diagnosis of each case, the inclusion of numerous videos from the first of October, the provision of medical experts on the injuries of agents who intervened in the October 1st referendum to know how they were done, or the declarations of Méndez de Vigo on September 22 in which he spoke of tumultuous actions anticipating the criminal complaint for sedition and rebellion against the jailed Catalan leaders Jordi Sànchez and Jordi Cuixart presented shortly after by the prosecutor of the Spanish Court.

In addition, Judge Llarena has disallowed the inclusion of evidence from other courts that have also investigated facts over the independence referendum case such as the summary of testimonies collected at Court No. 13 and No.7 in Barcelona. Llarena argues that the facts investigated by these courts “do not have any procedural connection” with the matters being considered by the Supreme Court, and that a “documentary avalanche would only delay the beginning of the trial sessions.” Additionally, the defense for the prisoners has also complained about the difficulty of accessing the documentation included in the summary as well as the malfunctioning of the so-called “virtual cloud” from which they couldn’t consult the full documentation of the summary. 

The Supreme Court’s dismissal of evidence and important documentation to the case, arguing that the trial would then be extended, clearly violates the human rights of all the prisoners and defendants and shows a lack of guarantees in what is expected to be a trial for political motivations. Thus, it appears that the prison sentences against the Catalan political prisoners have already been written before the trial has even started and that the trial itself will be a mere performance. In the meantime, this is also expected to be an important opportunity for pro-independence leaders to demonstrate the nonexistence of the crimes of rebellion, misuse of public funds, and disobedience that they are being accused of, as well as the constant violations of human rights perpetrated by the Spanish State against them. 

The eagerness of the Spanish State to destroy the pro-independence movement is likely to fail and backfire on them. This unfair trial is expected to cause widespread indignation through Catalan society, and those people will likely take to the streets in mass numbers in an attempt to push the Catalan government to implement the republic and call for its peaceful defense. This could hit or even collapse the Spanish and EU economies, forcing the EU to recognize Catalonia as a new State or forcing the negotiation of an agreed self-determination referendum.

The Trial Against Catalan Political Prisoners Gets Closer

The countdown to the trial against Catalan political prisoners has already begun. This week itself ended the deadline for the defenses to ask for the revocation of the instruction, which will surely be dismissed by the Second Chamber of the Supreme Court. Thereafter, the trial court can present its conclusions from the investigations and the opening of the trial can be decreed. However, the prisoners’ defense will seek to block it until their appeals are resolved.

The defense estimates that the trial will begin in January. And that this could last for about two months, just before the campaign for local and European elections begin. However, they suspect that the Supreme Court could intend to initiate the trial in November in order to take the defense by surprise and undermine their strategy.

Until now, the opening of the trial has been delayed because the defense has appealed the instructions of Judge Llarena and the provisional orders of imprisonment. The recusations against the members of the court have already been rejected.

Given that there are local and European elections in May 2019, the Supreme Court is not expected to announce the final sentence for the Catalan political prisoners, which will likely be up to 25 years in prison for each one, until June or July. The court believes that the announcement of the sentences before the aforementioned elections could give pro-independence parties landslide victories, which would legitimize Catalonia’s independence. 

Meanwhile, the Catalan leaders Oriol Junqueras, Carme Forcadell, Jordi Turull, Dolors Bassa, Josep Rull, Quim Forn, Jordi Sànchez, Raül Romeva, and Jordi Cuixart are expected to remain in prison before the trial.

Additional Information About the Case

In the filings of the prosecution, the public prosecutor and VOX party will have to specify the crimes for which the defendants will be tried. Right now, the nine political prisoners are being prosecuted for rebellion and embezzlement – the latter, in the case of the Puigdemont government advisers. This is where the state prosecutor’s office can make a gesture of distension and reduce the classification of Crimes and Petitions of Penalties, despite the opposition of the Supreme Court prosecutors. It is not expected that the VOX party will do so, but a reduction in the rhetoric of the prosecutor’s office can lower the fervor surrounding the trial, just as it could open a crisis between the prosecutor’s office and the state prosecutor’s office by not doing so.

Spanish Supreme Court Violated its own Regulation Appointing Judge Llarena as Judge of the Second Chamber of the Supreme Court

One of the most important Spanish associations of Judges, Judges for Democracy, filed a lawsuit requesting the annulment of the appointment of Judge Llarena as Judge of the Second Chamber of the Supreme Court for violating the regulation, the law, and the Constitution.

This illegal promotion would have occurred making Llarena the instructor of the special cause against Catalan leaders in prison and exiles, since the whole procedure would have been oriented to the judge occupying the vacancy of the Second Chamber of the Supreme Court — which tackles special cases of politicians with parliamentarian immunity — clearly breaking the rules of distribution of the Special Causes approved by that same High Court.

As the Spanish newspaper Público revealed a few days ago, on March 18, 2016, Judges for Democracy filed a contentious-administrative appeal against the appointment of Llarena at the Supreme Court in defense of the legal and constitutional rights of the magistrates excluded in the selection of the Permanent.

According to Judges for Democracy, Llarena’s appointment “was done without respecting the principles of merit and capacity established in Article 23 of the Spanish Constitution. “It also violated two articles of the Organic Law of the Judicial Power, three articles of its Appointment Regulations, and three articles of the Spanish Constitution, which clearly shows the interference of “someone” from the Spanish government, to appoint a “friendly” judge to instruct the special Catalan case.

In 2017, the Criminal Chamber of that same High Court, chaired by Manuel Marchena and formed by four other judges that formed the Chamber of Admission, decided “to irregularly appoint Judge Llarena as instructor of the Catalan case.”

In doing so, the Judicial Branch breached its own regulations. Llarena was the last judge on a list of 5 Supreme Court judges: 1) José Ramón Soriano Soriano, 2) Miguel Colmenero Menéndez de Luarca, 3) Antonio del Moral García, 4) Andrés Palomo del Arco, 5) Ana María Ferrer García and 6) Llarena, who should have received the task of instructing this cause in accordance with the provisions of the Agreement of the Government Chamber, dated December 21, 2016, regarding the composition and operation of the Chambers and Sections of the Supreme Court and assignment of presentations that the magistrates must submit in 2017.

This Agreement states:

 “When the appointment of an Instructor proceeds, his designation will be carried out according to the order of seniority, excluding the President and the Judges that form the Admission and Resource Rooms.”

 In conclusion, the current law and regulation is clear with the procedure to appoint the Instructor of Special causes: however, this case has been flagrantly violated by the Admissions Board Speaker and President of Second Hall, Manuel Marchena, close to the PP, who appointed the last Judge on the list, instead of the first of the judges according to the period established by seniority.

These efforts to appoint Judge Llarena as instructor of the case against Catalan political prisoners and exiles by someone close to the PP and the Spanish government, clearly shows the nonexistent separation of powers in Spain and that the whole case against Catalan leaders (still commanded by the PP) is a farce without any kind of legal  guarantee for the prisoners, who will probably end up with unfair prison sentences of up to 30 years.

Over a Million Demonstrators Demand the Implementation of the Catalan Republic

Over a million demonstrators have flooded Barcelona’s streets to demand the implementation of the Catalan Republic and the immediate release of all Catalan political prisoners, according to figures provided by the police.

People of all ages were seen in the protest, many of whom were wearing flags for independence, banners calling for the freedom of political prisoners, and T-shirts with the slogan: “We make a republic.” 

The atmosphere was festive. This is the seventh consecutive mass pro-independence demonstration held in Catalonia on September 11th, becoming the only country in the world that has been able to mobilize such a large number of people year after year. 

VIDEO: https://www.patreon.com/posts/21357281