public prosecutor office

The Catalan Government has released on Monday the definitive turnout figures of the citizen participations process of November 9, in which Catalans were able to cast their ballot until November 25. Finally, 2,344,828 people participated in this non-binding vote on independence, 2,305,290 of whom did so on November 9. After the main voting day, 7 polling stations remained opened throughout Catalonia for those who wanted to participate within the following 15 days. 80,91% of citizens voted for full independence from Spain; 10.2% voted for a Catalan State within a federal or confederated Spain; and 4.49% voted to keep the current Autonomous Community model or for the recentralization of powers. This symbolic vote was carried out despite the total opposition of the Spanish authorities, including criminal prosecution threats. In fact, Spain’s Pubic Prosecution Office, whose Director is directly appointed by the Spanish Government, has pressed criminal charges against the Catalan President, Vice President and Minister for Education for authorising and co-organising such a symbolic consultation process.

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.

On Friday, Spain’s Public Prosecution Office filed the criminal complaint against the President of the Catalan Government, Artur Mas; the Vice President, Joana Ortega; and the Education Minister, Irene Rigau. They are being prosecuted for the symbolic vote on independence that took place on November 9. Such a complaint has come with great controversy, as the Spanish Government and the People’s Party (PP) have been accused of putting pressure on the Director of the Public Prosecution Office, Eduardo Torres-Dulce, to press charges against the Catalan President. Despite the main prosecutors in Catalonia having stated there was not enough legal basis for such a complaint, Torres-Dulce announced he would press charges anyway. In response, the 6 parties that agreed to organise the original consultation vote on independence, which represent almost two thirds of the Catalan Parliament, sent a letter to Torres-Dulce and plead guilty for the organisation of November 9’s symbolic vote. 

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 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”.

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.

The Spanish Prime Minister, Mariano Rajoy, downplayed November 9's participatory process and he totally rejected the opportunity to negotiate the organisation of a mutually-agreed self-determination referendum for Catalonia. After 2.3 million citizens gave their opinion on independence on Sunday, on Wednesday Rajoy spoke in public for the first time and said he considered November 9's non-binding vote to be "a deep failure of the pro-independence project", as "2 out of every 3 Catalans did not bother to participate in it", dishonestly ignoring the Spanish Government's threats and obstacles and mixing up figures. Furthermore, he rejected the offer to negotiate sent by the President of the Catalan Government, Artur Mas. Rajoy strongly criticised Mas for pretending to "impose" dialogue about "an illegal defiance". In addition, the Spanish PM did not offer any political solution for Catalonia's situation, except for totally blocking any Constitutional Reform. All parties in Catalonia were extremely disappointed by Rajoy's words, except of course the PP's Catalan branch.

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".

The President of the Catalan Government, Artur Mas, assessed November 9's participatory process, when 81% of the 2.3 million participants voted for independence, despite the Spanish Government's obstacles and threats. On Tuesday, Mas asked the Spanish Prime Minister, Mariano Rajoy, to stop ignoring reality and start negotiating a mutually-agreed referendum on independence, like that in Scotland and Quebec. Taking into account Rajoy's attitude for the last 2 years, Mas was said to be "quite sceptical" but highlighted that Catalan representatives have always wanted a mutually-agreed vote, which is "the best" option. Mas also announced he was starting a round of talks with pro-self-determination parties – including the Socialists (PSC) – "to listen to everybody" about organising plebiscitary elections. In fact, he warned Rajoy that plebiscitary elections on independence can be called if he continues to refuse to negotiate. Besides, Mas confirmed that on Saturday that the Catalan Government's website had suffered a cyber-attack on a gigantic-scale, which was "organised by professionals".

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".

The citizen participation process on independence has kicked off at 9am on November 9 despite the temporary suspension of the Constitutional Court. Finally, the 1,317 voting centres hosting 6,695 polling stations have opened their doors without major incidents, as has been confirmed by the Catalan Government. Long queues of voters were waiting to cast their ballot in a festive atmosphere from early morning. The vote is being run by 40,930 volunteers, but the Catalan Executive is actively behind the process. During the day it will offer turnout figures and it should announce the results on Monday. The ballot boxes are located in high-schools run by the Catalan Government or in municipal centres in small towns and villages. A delegation of international observers is monitoring the process. Several Spanish nationalist parties and organisations have filed judicial complaints asking for the vote to be stopped and members of the Catalan Government to be arrested. In addition, the Public Prosecutor Office – obeying the Spanish Government –asked the Catalan Police to identify the volunteers opening the voting centres, but the Catalan Government refused to do so as they had authorised volunteers to access public venues.

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.

Comparing Catalonia's self-determination process with the Nazi regime has become one of the arguments the Spanish nationalists have used over the last two years, repeated in extreme-right television stations and even at the Spanish Parliament. Such an offensive comparison outrages most of Catalan society, for its total unfairness in describing a democratic process and for trivialising Nazism and the suffering of its victims. Now, the issue has reached the European Parliament, where the Spanish nationalist party UPyD sent a letter to all 751 MEPs comparing the situation in Catalonia with that of "Italy and Germany in the 1920s and 1930s". The CDU MEP Ingeborg Grässle was outraged by the letter and urged UPyD "to at least apologise". "Any politician in Germany would have immediately resigned", she added. Besides, civil society organisations in Barcelona have filed a complaint to the Public Prosecutor Office against dozens of calumnies against self-determination process and its comparison to Nazism.

The Spanish Government "cannot change its stance", stated Spanish Deputy PM on the day after Catalonia's independence supporters peacefully formed a colossal rally for the 3^rd consecutive year. Furthermore, the Director of Spain's Public Prosecution Office – appointed by the Spanish Government – threatened the Catalan President with "penal" actions if he carries on once the vote has been formally banned. The day before, 1.8 million people formed an 11km-long Catalan flag mosaic demanding to vote on the 9^th of November. "Citizens have the right to demonstrate but governments have an obligation to honour the law", stated the Deputy PM. Using a restrictive interpretation of the Constitution, Madrid has been insisting that it is "illegal" to hold such a vote. Besides, the European Commission refused to provide specific comments on the massive demonstration of European citizens, repeating it is "an internal issue".