public prosecutor

Supreme Court president says attitudes from pro-independence leaders’ “damage democracy” and are “unacceptable”

Catalonia’s Public Prosecutor has presented a lawsuit against Catalan Minister for Public Administration, Meritxell Borràs, for initiating the process of buying ballot boxes for the referendum. The complaint, ordered by Spanish Public Prosecutor, José Manuel Maza, has been presented before the High Court and also includes the department for Public Administration’s General Secretary, Francesc Esteve, and all those “whom could be found responsible during the investigation”. The Prosecutor considers that simply beginning the purchase of the ballot boxes is against the Spanish Constitutional Court’s (TC) rulings and thus accuses Borràs and Esteve of perversion of justice, disobedience, and embezzlement.

Catalonia’s Public Prosecutor presented this Thursday a new lawsuit against Parliament’s President, Carme Forcadell and the three members of the Parliament’s Bureau which belong to governing cross-party list ‘Junts Pel Sí’, that is to say Anna Simó, Lluis Corominas and Ramona Barrufet. They are accused of disobedience and perversion of justice for allowing the Chamber to vote on the proposal for a referendum. However, the Public Prosecutor didn’t bring any action against Joan Josep Nuet, also a member of the Parliament’s Bureau, after considering that he didn’t aim to launch any “political project which disrespects the Constitution of 1978”. This is the second lawsuit against Forcadell presented by the Public Prosecutor and is expected to be added to her prosecution for having allowed a democratic debate on Catalonia’s independence in the Catalan Chamber on the 27th of July.

The last day of the 9-N trial over the symbolic vote on independence, which took place in 2014, saw the Public Prosecutor, Emilio Sánchez-Ulled’s conclusions. “It is enough of what has been organised around this”, stated Sánchez-Ulled and denied having been put under any pressure by the Spanish Government, as many who consider this trial a political one have repeatedly claimed. “I haven’t received any order [from the Spanish Government], believe it or not”, he said in a firm tone and added that he “wouldn’t have consented to it”. “If you believe it or not I don’t really care”, he added. “This trial is also democracy because democracy includes many more things than those explained here”, he added.

The Spanish Supreme Court’s Prosecutor is calling for the suspension of Catalan Minister and Catalan European Democratic Party (PDCeCAT) spokesperson in the Spanish Parliament, Francesc Homs, from holding public office for a 9-year period. Homs was accused of disobedience and perversion of justice for co-organising the 9-N symbolic vote on independence in 2014. This Wednesday, the Prosecutor’s temporary conclusions stated that former Catalan President, Artur Mas’ right-hand man “didn’t suspend any of the articles which allowed the consultation” and that he was “absolutely aware” that “by doing so he violated the mandatory compliance of the Spanish Constitutional Court’s decisions”.

Catalonia’s Supreme Court (TSJC) has admitted the complaint for charges of perversion of justice and disobedience filed by Catalonia’s Public Prosecutor, José María Romero de Tejada, against the President of the Catalan Parliament, Carme Forcadell. In the lawsuit presented last Wednesday, de Tejada stated that Forcadell “despised and opposed the Spanish Constitution” by allowing the pro-independence roadmap to be put to vote last July and that she “openly disobeyed the authority” by ignoring the Spanish Constitutional Court (TC) warnings. An official has delivered this Tuesday the notification to Forcadell. The President of the Catalan Parliament has now three days to appeal.

Catalonia’s Public Prosecutor accused Parliament’s President, Carme Forcadell, of “wrecking” the Spanish State’s territorial model established in the Spanish Constitution by allowing the pro-independence roadmap to be put to vote. In the lawsuit presented this Wednesday before Catalonia’s Supreme Court (TSJC) in accordance with Spain’s Public Prosecutor’s demands, Prosecutor José María Romero de Tejada also stated that Forcadell deliberately ignored the Spanish Constitutional Court (TC) warnings and “despised the Spanish Constitution” with her “extravagant” action. De Tejada’s complaint accuses Forcadell of “deliberately modifying the electoral mandate” that emerged from the 27-S elections, which led to a pro-independence majority in the Catalan Chamber. 

Spain’s Public Prosecutor, Consuelo Madrigal, urged Catalonia’s Supreme Prosecutor, José María Romero de Tejada, to file a complaint against Parliament’s President, Carme Forcadell. Madrigal accused Forcadell of alleged perversion of justice and disobedience for allowing the pro-independence roadmap to be put to vote in July. However, she dismissed the misappropriation of public funds, which dispels the possibility of applying criminal charges. Thus, the Catalan Supreme Court (TSJC) will be in charge of these proceedings, together with those for the 9-N symbolic vote on independence in 2014, which have to resolve whether former Catalan President, Artur Mas and former ministers Joana Ortega and Irene Rigau are liable for ignoring the TC’s resolutions and allowing the 9-N to take place.

"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.