justice

The historical leader of conservative Catalan nationalism, Jordi Pujol, who chaired the Catalan Government between 1980 and 2003, has been forced to give up all his honorary titles, his pension and his office as former President due to the fiscal fraud to which he confessed on Friday. Furthermore, all the opposition parties demanded that Pujol provide further explanations to the Catalan Parliament. The veteran politician explained that he had kept a fortune in an Andorran bank since 1980, which was not reported to the tax authorities during almost 35 years. The confession arrived after two years of rumours and news regarding his family's fortune and after several of his sons faced judicial investigations for alleged fiscal offenses. The news shocked Catalonia's society since Pujol was a widely respected figure, regardless of individual ideology, and played a crucial role in Spanish and Catalan politics.

The former Secretary General and 'number 2' of CDC, which is the Liberal Party and larger force within the two-party Centre-Right Catalan Nationalist Coalition (CiU), has been indicted for another alleged offence: bribery. Oriol Pujol had already been indicted a year ago for influence peddling regarding the network of Technical Vehicle Inspection garages (ITV). Back then, Pujol temporarily stepped down from his party responsibilities and as Chairman of the CiU group within the Catalan Parliament, but he continued as MP. The case is still under investigation by a judge from Catalonia's Supreme Court (TSJC), who has now added bribery to the list of alleged felonies. The judge stated that he believes Pujol might have earned €30,000 through his wife's company for a specific vote in Parliament. The CDC and the Spokesperson of the Catalan Government – run by the CiU – emphasised that they believe in Pujol's innocence and hope the judicial process will clarify the situation as soon as possible.

The Spanish Minister for Justice allowed the legal procedure regarding the extradition to Argentina of two Franco torturers to continue. This decision occurred after a letter written by a group of MEPs, led by Catalan and Spanish representatives, had asked the Spanish Prime Minister Mariano Rajoy for the two men’s extradition. In their letter, the MEPs urged Spain to stop “hampering the progress of the Argentine justice”, which is currently investigating Franco crimes. Indeed a first unsuccessful request for the two men’s extradition had been made in 2010. Spanish High Court Judge Pablo Ruz is in charge of making the next move. For now, he has interrogated the two alleged torturers and confiscated their passports as a precautionary measure. However, there still are many steps to go before the extradition. In their letter to Rajoy, the MEPs had also demanded the repeal of the 1977 Spanish Amnesty Law which is used to prohibit Franco criminals from being prosecuted.

The Argentinean Judiciary is investigating crimes perpetrated under Franco’s dictatorship in Spain, notably the execution of Catalan President Lluís Companys in 1940. Companys was the only incumbent president to have been executed during World War II. A few weeks ago, his political party (ERC) filed a complaint in Argentina in order for his speedy military trial to be declared null and void, as the Spanish institutions have refused to do so on numerous occasions. Spain’s Amnesty Law of 1977, which is still in force to this day, has always prevented Franco crimes from being investigated and from going to trial. In 2010, Spanish Judge Baltasar Garzón, who became internationally famous for investigating Argentinean and Chilean dictatorships, was disbarred from office after trying to open a case against Franco crimes. Therefore, the plaintiffs have appealed to universal Justice, seeking restitution in other jurisdictions.

CDC fully denies the accusations. The judge investigating one of the major corruption scandals in Catalonia, the so-called ‘Palau’ case, has finished the four-year investigation and now the trial can start. The judge accuses Convergència Democràtica de Catalunya (CDC) – the Liberal party within the governing Centre-Right Catalan Nationalist Coalition CiU – of having illicitly received €5.1 million from the construction company Ferrovial through donations made to Barcelona’s Palau de la Música concert hall. The judge believes the money was allegedly given in exchange for the allocation of public work contracts. The former treasurer of CDC and a former Catalan MP, as well as two managers of Ferrovial are accused. In addition, the judge will also bring to trial the main managers of the Palau de la Música, Fèlix Millet and Jordi Montull. Millet and Montull are also accused of having stolen €26 million from the cultural organisation.

Following a petition by the Spanish Public Prosecutor Office, the judge has called Germà Gordó, the Catalan Minister of Justice, to testify as witness in the alleged influence peddling case of the allocation of licenses to technical vehicle inspection garages. This case affects the ‘Number 3’ of the governing Centre-Right Catalan Nationalist Coalition (CiU), Oriol Pujol, since the Supreme Court of Catalonia (TSJ) suspects he could have participated in irregular allocation of these licenses. At the time the alleged incidents happened, Gordó was not the Justice Minister but the Secretary of the Catalan Government, a key position overseeing all the daily decisions of the Executive. The TSJ wants to hear Gordó’s version of the tender procedure. Besides, Pujol’s defence has called the former Catalan Business Minister as a witness, since his department was running the tender.

After a year of trials, Barcelona’s court of first instance number 37 will work only with computer files, eliminating the use of paper. The Catalan Government, in charge of managing the court’s offices in Catalonia, has developed an IT system that will enable court staff but also citizens to carry out every process in a faster and more efficient manner. The plan to develop the system began in 2006 and its development has had a cost of €5 million. The Government’s plan is that by 2019 every court in Catalonia will be fully digital.

Prison employee unions and the Catalan Government, which manages all prisons in Catalonia, have carried an arm wrestling over the past few weeks. Trade unions have been impeding access to some Catalan prisons on three occasions: in early December and this week. The Government claims these actions are illegal, represent a risk and refuses to negotiate under this threat. Unions are mainly protesting over salary cuts and a lack of human resources.

Foreseeing a negative decision the Catalan Government already modified the law in 2009. The sentence declares illegal certain aspects of the law approved in 2005, such as conditioning the establishment of large retail centres to the expected effect on existing small businesses in the area or on the market share.

If South Sudan citizens finally vote for independence, the Spanish Government will respect it and recognise their independence. However, the Spanish Minister for Foreign Affairs, Trinidad Jiménez, announced that Spain would not review its stance on Kosovo. The Balkan country declared its independence from Serbia in 2008 but Spain is one of the 5 EU Member States that still refuses to recognise it.

The new Minister for Justice is an independent. Pilar Fernández Bozal is the senior-most representative in Catalonia of the Spanish State’s Lawyer Corps. This position makes her a specialist in competence devolution and Constitutional issues.

Despite the International Court of Justice's decision, the Spanish Government decided not to recognise Kosovo as an independent state. Both the Spanish Government and Catalan nationalists see implicit parallelisms in both cases, although Madrid denies it.