public prosecutor office

"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.

The broadcast of a documentary entitled ‘Ciutat Morta’ (Dead City) has caused great controversy in Barcelona. The film narrates the events of the 4^th of February 2006, when the eviction of a building ended with a policeman being left a quadriplegic and a number of detainees. The film, which has been aired by the main channel of the Catalan Public Television Broadcaster (TV3), uncovers political, judicial and law enforcement irregularities, while at the same time presenting accusations of torture allegedly carried out by two members of the Barcelona local police. The case, which was poorly covered by the mainstream media at that time, has caused outrage in Catalonia almost 9 years after the event because of the serious nature of the accusations and the tragic consequences it had for some of the people involved in it.

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”.

Spain’s National Court, a Madrid-based high court in charge of investigating and ruling on transnational felonies, announced on Tuesday the indictment of FC Barcelona – as a legal person – and its President, Josep Maria Bartomeu, for alleged fiscal fraud regarding Neymar Jr’s transfer and signing for the Catalan club. The judge considers there to be enough evidence to suggest that the Catalan club and Bartomeu could have committed fiscal felony in the tax declarations for the signing of the Brazilian star. Bartomeu will have to testify with his lawyers before the Madrid-based judge on 13 February. FC Barcelona issued a press statement in which it expresses its “surprise, indignation and disagreement”. Furthermore the Catalan club announced that it shall act determinedly to defend its interests and honour.

After confessing that his family had kept a fortune in Andorra without informing tax authorities for 34 years, the President of the Catalan Government between 1980 and 2003 and founder of the centre-right Catalan nationalist coalition CiU, Jordi Pujol, his wife Marta Ferrussola and 3 of their 7 children (Marta, Mireia and Pere) testified before the judge investigating the case. They are indicted for alleged fiscal fraud and money laundering. During more than 2 hours, Pujol (aged 84) answered the judge’s and the anti-corruption public prosecutor’s questions. He insisted that his father had left a hand-written letter with instructions about 140 million pesetas secretly left in Andorra in 1980 for his wife and children, but not him, coming from his “illegal” activities selling currencies during the dictatorship. However, the defence has not yet presented any supporting documents. Besides this, 3 of Pujol’s other sons are indicted for other fiscal fraud and corruption cases.

Indignation at the Castor Project has increased due to the €1.35 billion payment issued by the Spanish Government to Escal UGS, the company behind the controversial offshore gas platform. The amount will be charged through gas bills to consumers over the next 30 years, starting on April 2016, making individual citizens pay the private-business bailout, partially funded through €1.4 billion worth of bonds from the European Union. This business project failed after a gas injection caused almost 1,000 small earthquakes in Southern Catalonia and northern Valencia. The Spanish Executive has been forced to compensate the company due to clause 14 of the 2008 Royal Decree, according to which the state would pay for the bailout in the event of the project failing to come to completion. 

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.