freedom of expression

Barcelona High Court judge Santiago Vidal, along with a team of other law experts, has presented a proposal for a future Catalan Constitution in the event of independence with the aim to steer debate. The draft includes 97 articles according to which Catalonia would become a parliamentary republic with no army. However, this proposal can be changed as a webpage has been created through which citizens can table amendments online. Along with this draft, two other constitution projects have been presented: ‘constitucio.cat’ created by a team of Catalan law experts living abroad, and another constitution draft presented by ‘Lawyers for independence’ from the National Assembly of Catalonia (ANC). Spain’s Judicial Power Council (CGPJ) has called for the expulsion of Santiago Vidal from the Judiciary for his pro-independence initiatives.

On Wednesday evening, spontaneous demonstrations were organised in front of the French Consulate in Barcelona and in other places across Catalonia in solidarity with the victims and in condemnation of the Jihadist slaughter that killed 12 people in the Paris headquarters of the weekly satirical magazine ‘Charlie Hebdo’. On Thursday morning, hundreds of citizens gathered in front of the main Catalan town halls as well. Furthermore, Catalan authorities have also paid tribute to the victims on the day after the massacre. The President of the Catalan Government, Artur Mas; the Mayor of Barcelona, Xavier Trias; and the political groups of the Catalan Parliament all stood in front of their office buildings and observed a minute’s silence to pay homage.

Catalonia’s Supreme Court (TSJC) has accepted all the criminal complaints filed against the President of the Catalan Government, Artur Mas, Vice President, Joana Ortega, and Catalan Education Minister, Irene Rigau, for having authorised the non-binding and symbolic vote on independence that took place on 9 November. However, it rejected all the complaints filed against other politicians and civil servants, such as mayors and school directors. The TSJC will finally launch a judicial investigation for “alleged disobedience” after charges were pressed by several individuals and organisations, including the Spanish Public Prosecution Office, whose Director is appointed by the Spanish Government. In fact, the official prosecution of members of the Catalan Executive by the Spanish authorities has been extremely controversial. Pro-independence civil society organisations are organising a solidarity campaign, through which individual citizens will plead guilty for participating in November’s vote. Meanwhile, the Catalan Government insisted they acted in the correct manner.

The Disciplinary Commission of Spain’s Judicial Power Council (CGPJ) has finally stated that the 33 judges who signed a manifesto supporting Catalonia’s right to self-determination in March did not break any norm. According to the CGPJ’s statement released on Thursday, from “a strictly legal” point of view, the 33 Catalan judges – some of them very senior – were expressing “an opinion on an issue of legal, social or political interest” and such an action “is protected by fundamental freedoms such as the freedom of expression and opinion, guaranteed by Article 20 of the Constitution”. Therefore, the CGPJ has filed the case and will not take disciplinary actions against them, after an extreme-right and Spanish nationalist organization, Manos Limpias (which has nothing to do with its Italian homonym), had filed a criminal complaint against them. 

On the same day, both the Spanish Justice Minister, Rafael Català, and the 'number 2' of the governing People's Party (PP), María Dolores de Cospedal, compared Catalonia's self-determination process with the Fascist and Nazi movements of the 1930s. Such a comparison trivialises Nazism and is highly offensive for millions of Catalan citizens. The Catalan pro-independence movement mainly demands to hold a democratic vote on independence, as in Scotland, and it has always acted in a peaceful and festive way. The expert in European populism, Meindert Fennema, stated he considered that to compare Catalan self-determination with Nazism to be "ridiculous" and "nonsensical". On top of this, he highlighted that Catalonia's society is highly inclusive, since it has welcomed and integrated millions of immigrants in the last 100 years. In fact, 70% of the Catalan population has origins from outside Catalonia and 80% of the Catalan population want to hold a self-determination vote. 

The European Commission has been asked about November 9's participatory process in Catalonia, when 2.3 million citizens cast votes about independence from Spain, but refused to comment and downplayed the citizen mobilisation. After such a unique and massive citizen participation process, which was carried out in a "calm" and "successful" way, according to the delegation of observers from the European Parliament, the European Commission repeated that it was Spain's "internal" affair. The Spokesperson for the Brussels-based institution, Margaritis Schinas, stated that "it is not the European Commission's role to express an opinion about Member States' internal and constitutional organisation issues". Asked about whether the more than 2 million European citizens do not "deserve" a reaction from the Commission, Schinas stated "they deserve the words I just said; I have nothing else to say".

The Constitutional Court rejects calling an urgent meeting to debate the appeal that the Catalan Government filed on Friday against the suspension of Sunday's participatory process, in which it asked the Court for further clarifications about the suspension's exact scope. A month ago, the Court organised an urgent and non-scheduled meeting that took place only 5 hours after the Spanish Government filed its appeal against November 9's consultation vote. However, on this occasion, when the vote is supposed to take place in less than 48 hours and not in 5 weeks time, the Court will not organise an urgent and non-scheduled meeting. In fact, the Court will follow its previously agreed calendar and will meet in 2 weeks time.

The Spanish Government's Delegate in Catalonia, María de los Llanos de Luna, sent letters on Thursday to the directors of high-schools throughout Catalonia reminding them that the Constitutional Court had temporarily suspended November 9's participatory process. Furthermore she added that "neither agreements nor actions going against the Court's decision" should be carried out. De Luna explained that "allowing the use of education centres to carry out actions related to the suspended consultation vote" might go against the Court's decision. In addition, she sent similar letters to all the mayors, chairmen of supra-municipal bodies, main municipal officers and Catalan Ministers related to the participation process' organisation. Furthermore, on Friday, the Spanish Deputy Prime Minister, Soraya Sáenz de Santamaría, asked the Catalan President, Artur Mas, "not to force" civil servants, mayors and citizens to "disobey the law".

The President of the civil society association Òmnium Cultural, Muriel Casals, stated that "the mere fact of going with a ballot to the polling station" is "already a success" and will show that "the Catalans' tenacity is stronger that the Spanish State's repression". In an interview with the CNA, Casals stated that "the Spanish democracy has an important failure" as it does not allow "Catalans to vote on our future". Therefore November 9's citizen participation process "is a first step towards using freedom of expression […] to say what we are saying: we are looking for a new relationship" with Spain. The President of one of the grass-roots associations that organised the 3 massive pro-independence demonstrations in 2012, 2013 and 2014 complained that Catalans "have not been recognised as a people with our own culture, with our own language, with our own economic needs, by the different Spanish Governments". Therefore "the best thing" is "to become a new state in Europe", she concluded.

The Spanish Supreme Court has decided to reject the Catalan Government's complaint, filed on Tuesday, against the Spanish Government's appeal of the citizen participation process on independence, scheduled for the 9^th of November. Therefore, the Constitutional Court's temporary suspension of such a non-binding consultation is still valid. The Catalan Government considered that the appeal filed by the Spanish Prime Minister, Mariano Rajoy, went against Catalans' fundamental rights, such as the freedom of expression, the freedom of ideology and the right to political participation. However, the Supreme Court's Administrative Law Division decided on Thursday not to accept the Catalan Government's complaint and stated that it should have been filed to the Constitutional Court. The Catalan Government used the Supreme Court path because it was the only possible way to cancel the suspension before Sunday.

On Tuesday, Spain’s Constitutional Court accepted to take into consideration the Spanish Government’s appeal against Catalonia’s participatory process about independence, which has been organised by the Catalan Executive as an alternative to the original consultation vote that was banned by the Spanish authorities five weeks ago. The Constitutional Court has unanimously accepted the Spanish Prime Minister’s new appeal, which brings the automatic and temporary suspension of the object appealed against until a definitive decision is reached. However, the Catalan Government emphasised that the participatory process is still in place, since it is different to the original consultation vote. In addition, it will file a complaint to the Supreme Court against the Spanish Government for not respecting Catalans’ basic rights and freedoms.

Two days before the massive pro-independence demonstration will take place in Barcelona on Catalonia's National Day, more than 500,000 citizens have already signed up for participating in it. This year's pro-independence rally is likely to break all records, even though in last year's event demonstrators managed to form a 400km-long human chain spanning from north to south along all of Catalonia, attracting the world's attention. In 2013, more than 1.6 million people participated in the demonstration that was imitating the 1989 Baltic Way, according to the Catalan Police. Back then, 455,000 people had previously registered to participate in one of the human chain's 788 stretches. Now, as for last year's event, registration is not obligatory but recommended in order to guarantee that all the rally stretches will be full and a gigantic Catalan flag will be formed along the 11km itinerary. The demonstration will take place along Barcelona's two main avenues, forming a colossal V-shape to symbolise 'Vote', 'Victory' and 'Will', all three which start with a 'V' in Catalan.

The Instituto Cervantes in Utrecht was obliged to cancel the presentation of 'Victus', a novel by Catalan author Albert Sánchez Piñol on the Spanish Succession War and Barcelona's military siege of 1714, after which Catalonia lost its self-government institutions and political, social and cultural repression started. According to the author, his Dutch editorial house Signatuur and the Communication Director of the Cervantes Institute, the Spanish Embassy in The Netherlands obliged them to cancel the event the day before it was supposed to happen for political reasons. However, the Spanish Government is denying any political veto and states the cancellation was due to "diary problems". The scandal has been covered by Dutch media and Juliette Van Wersh, Publisher at Signatuur, stated they are "shocked" for a decision against "freedom of expression". The President of the Catalan Government, Artur Mas, stated that this veto is "in line with the international boycott" which Spanish authorities are carrying out against self-determination.

The Brussels-based Centre for European Policy Studies (CEPS) stated it cancelled a debate on the EU Membership of an independent Catalonia because they could not find a speaker arguing that Catalonia would be excluded from the EU. However, the Catalan Government and the Catalan Public Diplomacy Council (Diplocat) suspect the Spanish Government pressured the CEPS to cancel the debate, as it already tried to do with previous events. The Spanish Executive denied the accusations, which are also rejected by the CEPS. The event was organised weeks ago and was supposed to take place on Tuesday at 9.30am at the CEPS facilities, which is the most prestigious think tank in EU Affairs. It was "postponed" on Monday evening, just a few hours before it was due to start. A prestigious Constitutional expert, who advises the Catalan Government, Carles Viver i Pi-Sunyer, was supposed to present a report arguing that Catalonia would remain within the EU.

Spanish Prime Minister Mariano Rajoy’s refusal to negotiate and allow the Catalans a consultation vote on independence “undermines the legitimacy of the Spanish political system” and is a violation of Catalonia’s democratic “right to express its own voice”. Such is the conclusion of Huw Evans, Law Professor at the Cardiff Metropolitan University. In a report entitled Law and Legitimacy: The denial of the Catalan voice, published by the Brussels think tank Centre Maurits Coppieters, Evans argues that Rajoy could authorise a referendum without breaching the Constitution. He states that Madrid’s current attitude “restricts (and, also […] denies) the right of the Catalan people to democratically pursue” independence.