prosecution

President Mas attended the 58^th International Association of Judges Meeting, held this Monday in Barcelona just weeks before his appearance in court for organising the 9-N symbolic vote on independence. During his intervention, Mas outlined that democracy is sustained by the impartiality of justice. “Any partisan use” of the legal system could diminish this “sustenance” of democracy, he stated. Mas also expressed his hope that the Meeting will produce “contributions” to the “democratic quality which we all pursue”. President of the Supreme Court, Carlos Lesmes, also attended the Meeting and warned that to enforce the law “couldn’t be considered defiance”. 

"We have to fight the same evils as the Enlightenment: obscurantism, fanaticism and tyranny", stated Consuelo Madrigal, the Director of Spain's Public Prosecution office – directly appointed by the Spanish Government – when  referring to Catalonia's self-determination process on Thursday in Madrid. Madrigal also added that the Spanish institutions and "the rule of law" have also to fight against the "deviations and errors" of the Catalan self-determination process. However, despite these strong words, she nuanced her statement by stressing something which should be obvious in any democratic country: she "will not prosecute intentions" such as the road map that pro-independence parties have agreed upon. Madrigal also referred to the prosecution launched against the President of the Catalan Government, Artur Mas, for the symbolic consultation vote on independence held on 9 November last.

In the annual Debate on the State of the Union in the Spanish Parliament, Prime Minister Mariano Rajoy repeated that he will “never” accept putting Spain’s unity in question. He said that the next Catalan Parliament elections, scheduled for 27 September, are not a ‘de facto’ referendum on independence, as pro-independence parties are claiming. However, Rajoy said he is willing to talk but only if “the law is always respected”. The Spokesperson of the centre-right pro-Catalan State coalition CiU, Josep Antoni Duran i Lleida, emphasised that “not making any proposal” to address Catalonia’s claims is “political negligence”. Furthermore, he regretted that the Spanish Government is not respecting the law when it is recentralising powers and not respecting Catalonia’s self-rule. The Spokesperson for the left-wing Catalan independence party ERC, Alfred Bosch, told Rajoy that “the sooner he acknowledges” that there is an independence referendum in September, “the sooner we will find solutions”.

Catalonia’s Supreme Court (TSJC) has stated that there are “signs” that the President of the Catalan Government, Artur Mas; the Vice President, Joana Ortega; and the Education Minister, Irene Rigau, “did not obey” the Constitutional Court’s ban on the symbolic independence vote, which took place on 9 November. On Thursday, 3 weeks after it accepted all the criminal complaints filed against Mas, Ortega and Rigau for having authorised and co-organised the non-binding vote, the TSJC issued the notifications justifying its decision. The Court considers there to be evidence suggesting they may have committed disobedience, perversion of the legal process and embezzlement offenses. Therefore, the high judicial body is launching a corresponding investigation, which will focus on the vote’s preparation between the Constitutional Court’s ban and the day of the vote itself.

“Unity gives us strength as a country”, stated Artur Mas, President of the Catalan Government, in the New Year’s official speech, which is broadcast annually on 30 December. Mas emphasised that “the [Spanish] State wants us to be divided”, because this way “we are weaker and more vulnerable”. The Catalan President makes this statement in the middle of the talks he is carrying out with the opposition left-wing independence party ERC in order to decide whether to run together in early elections that should be transformed into a ‘de facto’ independence referendum. However, the left-wing ERC is reluctant to run with Mas and members of the centre-right pro-Catalan State coalition CiU, which he leads. In his address, Mas also spoke in praise of the symbolic independence vote held on 9 November, which was “an exercise of democracy”, which “should call for dialogue and negotiation, instead of criminal prosecutions”.

The Spanish Government is carrying out “increased recentralisation” of powers, according to the President of the Catalan Government, Artur Mas, and that of the Basque Country, Íñigo Urkullu. Catalonia and Euskadi are the main stateless nations within Spain, with most of their citizens calling for greater levels of autonomy or full independence. They are Spain’s main industrial centres and combined they represent 25% of its GDP (€270 billion) and 20.5% of its population (9.7 million people). The President of the Generalitat and the Basque Lehendakari met on Sunday in Vitoria and agreed on “working together” to face the centralist and homogenising policies of the Spanish Prime Minister, Mariano Rajoy. In addition, they will also work to defend their nations’ right to self-determination.

The world famous opera singer Montserrat Caballé reached on Tuesday a prejudicial agreement to avoid trial for tax fraud committed in 2010. The Catalan soprano, aged 81, admitted that her fiscal residence was not set in the fiscal haven of Andorra that year and therefore had evaded paying taxes to the Spanish authorities. Caballé, who is considered one of the greatest sopranos ever by both critics and fans alike, accepted the Public Prosecution’s petition of a 6-month jail sentence and a €240,000 fine, which corresponds to almost half of the evaded money. Since the jail sentence is shorter than 2 years and Caballé has no criminal record, she will not have to be imprisoned. The fine is to be added to the €508,000 she already deposited in the spring to compensate the Spanish Tax Agency. On top of this, she will still have to pay €75,000, corresponding to the interest on the money evaded.

Hundreds of citizens have pled guilty in solidarity with the President of the Catalan Government, Artur Mas, Vice President, Joana Ortega, and Catalan Minister for Education, Irene Rigau, who are being prosecuted by the Spanish authorities for having authorised and co-organised the symbolic vote on independence that took place on 9 November. On Tuesday morning, citizens queued to plead guilty in front of Catalonia’s Supreme Court. This comes a day after the Court launched a judicial investigation on the criminal complaints against three members of the Catalan Government filed by a few individuals, extreme-right organisations and the Spanish Public Prosecution Office, whose Director is directly appointed by the Spanish Government. The solidarity campaign is organised by the civil society association that organised the largest pro-independence rallies of the last 2 years, the Catalan National Assembly (ANC). Many leading politicians are also pleading guilty and all the parties in Catalonia, except the Spanish nationalist ones, have come out in protest against the penal prosecution of the Catalan Government on account of a political issue.

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.

Spain’s Director of the Public Prosecution Office, Eduardo Torres-Dulce, has announced his resignation “for personal reasons”. However, it is well-known that Torres-Dulce has had several arguments with the Spanish Government, run by the People’s Party (PP) and chaired by Mariano Rajoy. The latest argument was about prosecuting the Catalan President and other members of the Catalan Government for the symbolic vote on independence held on 9 November. Several PP members announced the penal actions before Torres-Dulce had given the instruction to press charges. At that time, Torres-Dulce denied having been pressured by the Spanish Government, but many voices criticised the absence of a separation of powers. On top of this, the main public prosecutors in Catalonia initially rejected the criminal complaint, but Torres-Dulce – appointed by the Spanish Government – obliged them to file it. Furthermore, he has also had many arguments with the PP on account of the numerous corruption scandals being investigated.

The President of the Catalan Government, Artur Mas, proposed the next steps in Catalonia’s self-determination process: early elections to the Catalan Parliament and, if a single pro-independence list get an absolute majority, negotiations to reach full independence in 18 months. Such a list should be formed by independent personalities and recognised professionals, who should commit to only run once, with traditional parties adopting a secondary role. After negotiating independence and building the new state’s basic structures, a referendum to ratify the new state’s genesis and constituent elections would be called, in which traditional parties would again be running separately. Mas said he was ready to be the front-runner or to end such a list, the latter case ruling out the possibility of his being re-elected. However, he will only call early elections if parties and civil society organisations transform them into such a ‘de facto’ referendum on independence. After years of peaceful citizen mobilisations, now “it is time for the definitive vote” and the “only” way of doing it is through early elections, he said.

The Spanish Prime Minister, Mariano Rajoy, confirmed before the Senate that he had “not given any instruction to the Public Prosecution Office” to press charges against the President of the Catalan Government, Artur Mas, for having authorised and organised November 9’s symbolic vote on independence. Rajoy was answering a question from Mas’ party, the centre-right pro-Catalan State Coalition CiU, which had accused the Spanish PM of hiding behind the courts in order to avoid giving Catalan citizens a political answer regarding their self-determination demands. Besides, the CiU Senators showed banners in which they pleaded guilty for November 9’s vote as well. In the morning, the Catalan Government announced it will ask to testify before the court and to do it “en bloc”, if the criminal complaint from the Spanish Public Prosecution Office is accepted.

The President of the Catalan Government, Artur Mas, reacted on Thursday to the announcement that the Director of Spain’s Public Prosecutor Office will press charges against him and 2 other members of his cabinet for having authorised November 9’s symbolic vote on independence. Mas stated that “it is disappointing and pitiful” that the Spanish authorities’ reaction to the peaceful mobilisation of 2.3 million citizens is acting “though courts and prosecutors”. Despite the judicial complaint, Mas emphasised that Catalonia “will go on” with its “intentions, in a civic-minded, calm, democratic and firm way”. Besides, the Public Prosecutor Office’s show continued on Thursday, when the main prosecutor in Barcelona Province denied the fact that Catalan prosecutors were all against pressing charges against Mas. On top of this, she will try to re-open all the cases against Mas in relation to November 9’s vote. After this statement, Catalonia’s main prosecutor organised a meeting with the 4 provincial heads in order to set shared criteria regarding this issue.

The boss of all public prosecutors in Spain, Eduardo Torres-Dulce – appointed by the Spanish Government – announced on Monday that he is starting the process to dismiss his subordinate, Martín Rodríguez Sol, for having said in an interview on Sunday it was “legitimate” that a majority of citizens ask to vote on Catalonia’s political future, although “within the legal framework”. Rodríguez Sol believes that it is not possible to organise an independence referendum as such although he said that with the appropriate question, a legal self-determination vote could be held. He also stated that the legal framework should be adapted to social changes. The Catalan President, Artur Mas, has accused the Spanish Government “of having little democratic sensibility”. In addition, Mas reminded everybody that last week another army general threatened with a military intervention in Catalonia “and nothing happened” but if an attorney general says that people should “express themselves within the legal framework”, he is fired.

Oriol Pujol, the Secretary General of the CDC, the Liberal party within the Centre-Right Catalan Nationalist Coalition (CiU), “fully denies” the accusations and hopes he will not finally be indicted. However, he stated that “nobody within the CiU will be an obstacle to Catalonia’s self-determination process”, indicating that if he is formally accused of influence peddling in the end, he might temporarily step down from the political front-line. The anti-corruption prosecutor suspects that Pujol participated in the plot to irregularly allocate licenses for technical vehicle inspection garages. After the President of the Catalan Government, Artur Mas, and the leader of the Christian-Democrat side of the CiU, Josep Antoni Duran i Lleida, Oriol Pujol is the coalition’s ‘number 3’ and Chairman of the CiU’s group in the Catalan Parliament.