Spanish Prosecutor urges to file complaint against Forcadell for disobedience

Spain’s Public Prosecutor, Consuelo Madrigal, urged Catalonia’s Supreme Prosecutor, José María Romero de Tejada, to file a complaint against Parliament’s President, Carme Forcadell. Madrigal accused Forcadell of alleged perversion of justice and disobedience for allowing the pro-independence roadmap to be put to vote in July. However, she dismissed the misappropriation of public funds, which dispels the possibility of applying criminal charges. Thus, the Catalan Supreme Court (TSJC) will be in charge of these proceedings, together with those for the 9-N symbolic vote on independence in 2014, which have to resolve whether former Catalan President, Artur Mas and former ministers Joana Ortega and Irene Rigau are liable for ignoring the TC’s resolutions and allowing the 9-N to take place.

Spain's Public Prosecutor, Consuelo Madrigal and President of Spain’s Judicial Power Council (CGPJ) Carlos Lesmes (by ACN)
Spain's Public Prosecutor, Consuelo Madrigal and President of Spain’s Judicial Power Council (CGPJ) Carlos Lesmes (by ACN) / ACN

ACN

October 17, 2016 06:48 PM

Barcelona (CNA).- Catalonia’s Supreme Court (TSJC) will have to investigate Parliament’s President, Carme Forcadell, for allowing the conclusions of the Committee to set the pro-independence roadmap to be put to vote. This Monday and following Spanish Constitutional Court (TC) demands, Spain’s Public Prosecutor, Consuelo Madrigal, urged Catalonia’s Supreme Prosecutor, José María Romero de Tejada, to file a complaint against Forcadell for alleged perversion of justice and disobedience. However, she dismissed the misappropriation of public funds, a crime which would have opened the way to open criminal proceedings against her. Thus, the TSJC will be responsible for these proceedings, together with those for the 9-N symbolic vote on independence in 2014, which have to resolve whether former Catalan President, Artur Mas and former ministers Joana Ortega and Irene Rigau are liable for ignoring the TC’s resolutions and allowing the 9-N to take place.


Thus, Forcadell’s case has passed from the Spanish executive to the Spanish Constitutional Court (TC), from the TC to the Spanish Public Prosecutor’s Office and from there to Catalonia’s Supreme Court (TSJC), which will now have to resolve Frocadell’s responsibility.

Forcadell responded to the Spanish Public Prosecutor’s demand and assured that she is “calm”. “I’m convinced that I did what I was expected to do as President of the Parliament, in accordance with my functions”, she said. “I will always defend freedom of speech and the right of this Parliament to discuss absolutely everything in our citizens’ interests”, she added.

Disobedience and perversion of justice

Spain’s Public Prosecutor, Consuelo Madrigal, considered that Forcadell ignored the TC’s rulings when allowing the conclusions of the Committee to Study the Constitutive Process to be put to vote, last July. Indeed, she already admitted her willingness to file a complaint for disobedience against Forcadell herself. However, following the TC’s demands, Madrigal has now urged the TSJC to undertake the investigation. Thus, Madrigal wants Catalonia’s Supreme Prosecutor to file a complaint against Forcadell for two specific crimes: perversion of justice and disobedience. These are the same crimes which former Catalan President, Artur Mas, former Catalan Vice President, Joana Ortega and former Catalan Minister for Education, Irene Rigau are accused of, for allowing the 9-N symbolic vote on independence to take place in 2015.

Conclusions of the Committee to Study the Constitutive Process

In July, the Catalan Chamber approved the conclusions of the Committee to Study the Constitutive Process, which established the next steps in Catalonia’s pro-independence process. The pro-independence forces in the Parliament, governing cross-party list ‘Junts Pel Sí’ and radical left CUP, which represent a majority of 72 MPs in the 135-seat Catalan Parliament, voted in favour of the conclusions.

One of the most controversial points approved by the Parliament foresees launching a “democratic unilateral mechanism which will allow the calling of the Constitutive Assembly”, the body which will be responsible for writing the Catalan Constitution.

Thus, the Parliament ignored the TC’s warnings that called for impeding any action regarding the constitutive process of a Catalan republic. 

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