justice

Despite Catalonia-based prosecutors having concluded that there is no legal basis for such a complaint, the Director of the Public Prosecution Office, Eduardo Torres-Dulce – directly appointed by the Spanish Government – will finally file it, after 10 days of controversy. All the opposition parties have accused the Spanish Government of pressuring Torres-Dulce and taking a political problem to court. In addition, the Catalan Government accuses Rajoy’s People’s Party (PP) of not respecting the separation of powers. On Monday, the Catalan prosecutors announced they were not backing the complaint, but the Madrid-based Director stated he would carry on anyway. On Wednesday, Torres-Dulce held a long meeting with Spain’s main prosecutors, who backed him but not unanimously. The complaint will be against the Catalan President, Artur Mas, but also against the Vice President, Joana Ortega, and the Education Minister, Irene Rigau.

The public prosecutors based in Catalonia refused to back their Madrid-based boss regarding the complaint against the President of the Catalan Government, Artur Mas, and other members of his cabinet for authorising November 9’s symbolic vote on independence. According to them, there are not enough legal reasons for filing such a complaint, despite the pressures from Spanish nationalists to do so. The Director of Spain’s Public Prosecution Office, Eduardo Torres-Dulce – who is directly appointed by the Spanish Government – had unsuccessfully been trying to obtain the explicit support from his Catalan team. However, Torres-Dulce is likely to follow through with it anyway, after several members of the Spanish Government, the People’s Party (PP) and other Spanish nationalist parties urged him to do so. In any case, the Catalan prosecutors’ rebellion will not provoke a schism in this hierarchical institution, since on Tuesday afternoon they confirmed they will obey Torres-Dulce if he insists. The Catalan Government and political parties based in Barcelona warned that Madrid’s pressures seriously damage the separation of powers. Meanwhile, the PP accused Catalan prosecutors of being “contaminated by the atmosphere” of “radical secessionism”.

Josep Lluís Núñez Clemente – aged 83 – and his son – who had been Director of the family company – have been accused of bribing tax inspectors in the 1990s regarding their private business and have entered jail this weekend for a 2 year sentence. Núñez senior chaired FC Barcelona between 1978 and 2000 but his sentence has nothing to do with the famous sports club's activities. After one of the longest judicial processes in Spain's history, Núñez senior and his son were initially convicted in July 2011 with 6 years in prison and a €2 million fine. They were accused of bribing tax inspectors with €1 million in order to avoid paying more than €13 million in taxes between 1991 and 1999, and of forging official documents. However, they appealed the decision and the Spanish Supreme Court reduced their prison time. They filed a last appeal to avoid going to prison but in October 2014 Barcelona's High Court ratified their imprisonment. Considering Núñez senior's age, he could be granted day parole in a few weeks.

After days of controversy, the Director of Spain's Public Prosecution Office, Eduardo Torres-Dulce, suggested that a judicial complaint against the President of the Catalan Government, Artur Mas, might not be filed because the case "is already at court". The People's Party (PP), which runs the Spanish Government, had announced that the Public Prosecution Office would file a complaint against Mas and some Catalan Ministers for having authorised November 9's symbolic vote on independence. Such an announcement seriously questions the separation of powers in Spain. On top of this, several Catalonia-based prosecutors protested over the Spanish Government's pressures. Torres-Dulce, who is appointed by the Spanish Government, decided to wait and meet on Wednesday with his delegate in Catalonia. They agreed to further analyse the case and make the decision in Catalonia. Such a legal step against Mas could provoke a boomerang effect against Madrid, mobilising a wide part of Catalonia's society.

After the President of the Catalan Government, Artur Mas, urged the Spanish Prime Minister, Mariano Rajoy, "to sit and talk" about taking the necessary steps to allow Catalans to hold a legal independence referendum, the Spanish Government totally rejected the idea on the same day. On top of this, Spain's Public Prosecutor's Office – whose boss is appointed by the Spanish Justice Minister and directly reports to him – is about to file a judicial complaint against Mas, the Catalan Vice President and, probably, the Catalan Education Minister for November 9's citizen participation process, in which 2.3 million Catalans gave their opinion on independence through ballot boxes located in public high-schools. However, Mas pointed out that Rajoy had stated on Saturday that Catalonia's participation process "was not a referendum, nor a consultation, nor anything similar".

On November 9, the Spanish Government has once again downplayed the participatory process on independence held in Catalonia. And it did so on the day it took place and just when it finished, after more than 2 million people had peacefully cast their ballot in a non-binding citizen participation process that was organised as a light alternative of the original consultation vote, that had been banned by the Spanish authorities. On Sunday evening, after the polls had closed, the Spanish Justice Minister, Rafael Català, defined the vote as "a useless and sterile simulation" and "a pure act of propaganda", which does not have any democratic validity. In addition, the process was an attempt "to hide the personal failure" of the President of the Catalan Government, Artur Mas, "for not having been able to organise the illegal consultation vote announced in December 2013", which was blocked by the Spanish Executive. In addition, he recalled that the Public Prosecution Office is "gathering data" in order to launch "the required penal actions".

In addition, the Catalan President, Artur Mas, responded to the Public Prosecutor Office's warnings by stating that he is the person responsible for opening the polling stations. Besides, three judges from Barcelona, Badalona and Tarragona decided to reject the petitions of taking away the participatory process' ballot boxes for "not being proportional". On November 9, in the middle of the participatory process, there were still some judicial actions on-going that were trying to stop Catalans from voting. The first group of actions were those carried out by the Public Prosecutor Office – whose head is directly appointed by the Spanish Government, which threatened to identify volunteers and which has already obtained a detailed list of voting centres. The second group were the complaints filed by Spanish nationalist parties and some private citizens. Populist UPyD and extreme-right parties PxC and Falange filed complaints on Saturday, asking for the ballot boxes to be removed.

More than 200 elected members of the European, Spanish and Catalan Parliaments and municipal councils from Catalonia have presented and started to sign on Wednesday an international complaint against the Spanish Government that will be sent to the United Nations, the European Parliament, the European Commission, the Council of Europe and Organization for Security and Co-operation in Europe (OSCE). They are formally accusing the Spanish Government of "violating the right of the Catalan people to decide on its own political future" and "banning the exercise of democracy ". They list reasons of democratic legitimacy, stress the sustained self-determination demands and highlight the manifold Catalan attempts to negotiate and hold a legal vote. They also emphasise the Spanish Government's total blocking attitude and they announce that Catalan representatives "feel legitimate to launch all the necessary political and legal actions". Finally, they also ask those international organisations to act in order "to guarantee that Catalonia's citizenry can democratically decide on its future".

On Friday, the Swiss bank UBS issued a certificate stating that Xavier Trias, Mayor of Barcelona, does not and has never had any account with them, contradicting the accusations launched at him by Spanish nationalist newspaper 'El Mundo' on Monday which mentioned sources from the Spanish Home Affairs Ministry. Trias, who supports Catalan independence from Spain, strongly rejected the accusations of having €12.9 million in a secret bank account in Switzerland on the very first day they were published and he cautioned against dirty tricks from the Spanish Government. In addition, the Mayor also announced a judicial complaint against the newspaper and he said he would ask for such a certificate. On Tuesday, 'El Mundo' insisted on the accusations and it even published the UBS bank account number on its front page, while Trias filed the judicial complaint. Now, after UBS guaranteed that he has never had and does not have a bank account with them, Trias is asking for the resignation of the Spanish Home Affair Minister.

On Thursday, Oleguer Pujol, the youngest son of the former Catalan President, Jordi Pujol Soley, was formally indicted for alleged fiscal fraud and money laundering. The Spanish Police and the Public Prosecutor searched his house and several of his companies looking for files regarding real estate operations. This makes Oleguer the third son of the historical leader of conservative Catalan nationalism to be indicted for fiscal offenses. Furthermore, on Wednesday another judge indicted 11 people related to the former President's oldest son, Jordi Pujol Ferrusola – who seems to be at the centre of almost all the investigations. In addition, the judge has requested the freezing of his bank accounts in Andorra, from which he transferred €2.4 million to Mexico just after his father's fiscal fraud confession in July. On top of this, a judge from Liechtenstein is investigating the former Catalan President for alleged money laundering, after requests from the Spanish Police. Jordi Pujol senior has denied having had any bank account in the Alpine country.

The Disciplinary Commission of Spain’s Judicial Power Council (CGPJ) will have to decide whether it suspends Santiago Vidal, judge of Barcelona’s High Court, for having worked in his free time on the drafting of a proposal for a future Catalan constitution in the event of independence, together with other law experts. The CGPJ judge in charge of investigating other judges, Antonio Jesús Fonseca-Herrero, recommended Vidal’s temporary suspension for “infidelity to the Constitution” of Spain. On Friday, the Catalan judge defended his freedom of expression and argued that this activity did not affect his work as he was doing it during his free time. The CGPJ decided to investigate Vidal, despite not having done the same with judges participating in activities of the People’s Party political think tank, for instance.

The person coordinating the Spanish Government's legal strategy and actions against Catalonia's self-determination consultation vote, which are supposed to be launched at any moment, has resigned a few hours after an announcement made by the Spanish Prime Minister, Mariano Rajoy. Spain's PM announced on Tuesday morning that the controversial reform of the Abortion Law, which was the main project of the Justice Minister, Alberto Ruiz-Gallardón, has been put aside because of a lack of "consensus". The announcement was made in the decisive week in which the Catalan Government is expected to call the independence vote and the Spanish Executive is expected to launch its legal actions against it, which have been precisely coordinated by Ruiz-Gallardón. In his resignation speech, the Justice Minister denied any connection with the Catalan situation.

The judge has not accepted the complaint filed by the extreme-right and Spanish nationalist trade union Manos Limpias against Carme Forcadell, President of the Catalan National Assembly (ANC), the main civil society association supporting independence. Barcelona's first-circuit court number 14 does not see evidence or hints pointing towards any offence and therefore it has decided not to launch a judicial investigation and instead it rejected the complaint. On the 21^st of August, Manos Limpias – which has nothing to do with the Italian homonym organisation from the 1990s – announced the complaint against Forcadell, accusing her of promoting "the subversion of the constitutional order" and therefore "provoking sedition".

Manos Limpias, an extreme-right and Spanish nationalist trade union, will file a judicial complaint against Carme Forcadell, President of the Catalan National Assembly (ANC), the grass-roots NGO that is organising the main campaign for independence from Spain. The far-right organisation will sue Forcadell for "provoking sedition", as they consider she is "the driving force" and "the leader of Catalan civil society", and the main promoter of "a road map" towards independence. In addition, Manos Limpias' Secretary General, Miguel Bernad, said they have "data" showing that "the consultation vote will take place" on the 9^th of November, even if the Spanish authorities ban it. The extreme-right organisation does not rule out the possibility of presenting similar complaints against the President of the Catalan Government, Artur Mas, and the President of the left-wing independence party ERC, Oriol Junqueras.

Manos Limpias, a Spanish far-right nationalist trade union, has finally filed a judicial complaint for corruption against the historical leader of Catalan nationalism and President of Catalonia between 1980 and 2003, Jordi Pujol, and his wife, Marta Ferrussola. For the last two years, there has been increasing news that allegedly link Pujol's sons to illegal businesses and hidden fortunes. On top of this, two weeks ago, Pujol confessed that his family had been hiding money from the tax authorities for 35 years. This immediately provoked a political earthquake since Pujol is an essential figure in Catalonia's and Spain's contemporary history: he worked to expand Catalonia's autonomy within Spain but in the last two years he started to support independence. Spanish nationalist forces believe that Pujol's fall will have a fatal effect on the self-determination process. However, there are also many rumours stating that the  Spanish authorities might have been protecting Pujol for decades since he was against independence.