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Spain's Supreme Court dismissed Francesc Hom's appeal on Thursday to the sentence which banned him from holding political office for having allowed a symbolic vote on independence in 2014. Homs was former Catalan President Artur Mas’right-hand man. Homs, who was an MP for Catalan European Democratic Party (PDeCAT) in the Spanish Parliament at the time of the sentence had to leave his seat last week after the court banned him from holding public office for a period of 18 months. The magistrates have now added that he can’t stand for the European Parliament either, since the ban “applies to all areas”. Former Catalan President, Artur Mas and former Catalan Ministers Irene Rigau and Joana Ortega were also fined and banned from public office for the same case, which is regarded as a political action against Catalonia’s pro-independence aspirations.  

The sentences regarding the November 9th, 2014 vote on independence, including hefty fines and a ban from public office of the main political leaders responsible, may violate fundamental rights say the lawyers of former Catalan President, Artur Mas, Catalan VP Joana Ortega and former Catalan Minister for Education, Irene Rigau. They have appealed to Catalonia’s Supreme Court (TSJC). Last week, Mas was sentenced to a two-year ban from holding public office and fined €36,500 for allowing the non-binding consultation to take place in 2014. Ortega and Rigau were also banned from taking public office for a period of 1 year and 9 months and 1 year and 6 months and fined €30,000 and €24,000, respectively.

Former Catalan President, Artur Mas, former Catalan Vice President Joana Ortega and former Catalan Minister for Education, Irene Rigau have received severe fines and have been banned from public office for allowing the 9-N symbolic vote on Catalan independence in 2014. “It’s a matter of regret,” Scottish MEP Alyn Smith, from the Greens/European Free Alliance group told the CNA who lamented Spain “dealing with democracy through the court”. “I find it wrong,” said European Conservatives and Reformists Group MEP Ian Duncan and admitted he was “deeply troubled” by the decision. Co-Chair for the Greens/European Free Alliance, Philippe Lamberts, lamented “the stubbornness of the Spanish authorities toward Catalonia” and insisted that Madrid’s attitude “is making dialogue nearly impossible”.

Catalan Government Spokeswoman, Neus Munté, referred this Tuesday to the Constitutional Court’s decision to ban from public office the political figures responsible for the 9-N symbolic vote on independence, which took place in 2014. According to Munté, sentencing former Catalan President Artur Mas, former Vice President Joana Ortega and former Catalan Minister for Education Irene Rigau for allowing the non-binding consultation “confirm the Spanish State’s absolute lack of willingness to find a political solution” to Catalonia’s aspirations. However, far from “disqualifying” them, Munté assured that the Government “counts on” the three summonsed “to explain” to the world “how weak democracy is in Spain".

Catalan MEPs from left wing pro-independence party ERC Josep Maria Terricabras and Jordi Solé, and Ramon Tremosa, representing the Catalan European Democratic Party (PDeCAT) sent a letter to the 751 members of the European Parliament condemning Monday’s sentence against former Catalan government figures over the 9-N symbolic vote on independence, which took place in Catalonia in 2014. They consider “disgraceful and anti-democratic” the sentencing to a two year-ban from holding public office for former Catalan President, Artur Mas and the 21-month and 18-month bans for former vice president Joana Ortega and former Catalan Minister for Education Irene Rigau for allowing the non-binding referendum to take place. The Catalan MEPs assured in their joint letter that the court’s decision “will not deter the Catalans' will to express their views at the ballot box”.

Former Catalan Minister for Presidency and now Catalan European Democratic Party (PDCeCAT) spokesperson in the Spanish Parliament, Francesc Homs, testified this Wednesday before Barcelona’s High Court, during the trial over the 9-N symbolic vote on independence. Homs, who was former Catalan President Artur Mas’ right hand man at the time when the non-binding consultation took place, in 2014, gave his testimony as witness. “I told the Government that we were not violating any law and even less the penal code”, Homs stated and pointed out that the Spanish Constitutional Court (TC) resolution wasn’t clear. Coinciding with his declaration, this Wednesday it was made public that Homs will have to appear before the Spanish Supreme Court on the 27th of February, accused of disobedience and perversion of justice when co-organising the 9-N.

Many political representatives extended their support to former Catalan President, Artur Mas and Catalan Ministers Joana Ortega and Irene Rigau, who faced trial this Monday for allowing the 9-N symbolic vote on independence in 2014. “This trial should have never happened”, stated Parliament’s President, Carme Forcadell and added that “putting out the ballot boxes can’t be considered a crime in any democratic country”. Indeed, Forcadell herself testified before the court for allowing the debate on Catalonia’s independence in the Catalan Chamber. The case produced not only a huge popular outrage but also international reaction. Members from the Catalan Executive and representatives from all those parties which expressed in favour of holding the 9-N non-binding referendum, showed their solidarity with the three accused and lamented that what was on trial this Monday was democracy as a whole.

Former Catalan President, Artur Mas, testified before the court this Monday for alleged disobedience and breach of trust for allowing the 9-N symbolic vote on independence in 2014. During his testimony, Mas insisted that the non-binding referendum “was not a personal whim or a last-minute idea” but “the consequence of wide parliamentary agreements and explicit and reiterated mandates of the Chamber”. Moreover, he emphasised that the 9-N "was unstoppable" since it was in the hands of volunteers rather than under the Government's control. Mas insisted that the 9-N took place “after democratic elections which nobody refuted nor questioned”. Mas refused to answer the Public Prosecutor’s questions after his testimony. Former Catalan vice-president, Joana Ortega and former Catalan Minister for Education, Irene Rigau have also declared before the judge.

Former Catalan President, Artur Mas, will have to testify before Barcelona’s High Court on Monday along with former vice-president Joana Ortega and former education minister Irene Rigau for allowing the 9-N symbolic vote on independence in 2014. In several appearances before the press this past Sunday, Mas insisted that he has “nothing to apologise for” and that the three whom have been summonsed face the trial “calmly and in good spirit” but also “moved and grateful for the people’s support”. “They wanted us on our knees, but they will find us standing”, he said. “It is a shameful trial, it is absolutely against democracy”, he said and pointed out that the “success of the 9-N and its high turnout” is what drove the case to the court. Mas, Ortega and Rigau are accused of criminal disobedience and breach of trust for holding the non-binding referendum and could receive a 10-year ban on holding public office if convicted.

Catalan Minister for Public Administration, Meritxell Borràs, assured that Catalans abroad will be able to vote electronically in the independence referendum, to take place next September. “If it is referred to in the referendum’s convening decree, the instrument will have to be there”, she said, in response to a parliamentarian question made by pro-independence radical left CUP MP, Benet Salellas. He urged the Government to make a “vehement” statement on the matter, since it has been a growing constant demand for those living abroad. During the 27-S Catalan elections in 2015, 21,771 Catalans abroad requested to vote, but only 14,781 ballots could finally be counted. Borràs considered it a “shame” and confirmed that the Government presented a bill to introduce electronic voting for Catalans abroad.

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”.

The Spanish Constitutional Court (TC) suspension of the Parliament’s plan to call a referendum in Catalonia in September of next year has outraged many sectors of Catalan political and civil society. This Thursday, Catalan President, Carles Puigdemont, stated that the TC’s decision “confirmed” the existence of “constitutional populism” in Spain which claims that “Catalans are not allowed to vote”. In response, assured Puigdemont, the Government will simply “apply democracy”. “Catalans have the right to vote, debate and hold meetings, therefore, we will vote, debate and hold meetings”, he stated. The Catalan President also took the chance to express his support and that of the whole executive for the Parliament’s President, Carme Forcadell, who will face trial on Friday for allowing the pro-independence roadmap to be put to vote in the Catalan Chamber last July.

The Committee on Petitions of the European Parliament requested the Spanish Government to review the voting system for residents abroad. It considers the current system to imply “difficulties” and believes that it “can be improved”. The vice-president of the committee, the Conservative People’s Party MEP from the Balearic Islands Rosa Estaràs, announced that the complaint of two young Spanish people that had difficulty voting in the general elections of 2011 and in the European elections of 2014 will continue to be investigated, while awaiting explanations from the Spanish Government. In addition, the European Parliament will send a letter to the Spanish Parliament and are confident that the case will be tackled by the Foreign Affairs Committee and the European Commission.

The Catalan Chamber passed on Thursday the pro-independence forces’ agreed proposal to call a vote on independence in Catalonia by September 2017. Governing cross-party list ‘Junts Pel Sí’, radical left CUP and alternative left alliance ‘Catalunya Sí que es Pot’ allowed the bill to go through. According to the bill, the referendum has to be “binding” and based on a “clear” question and a “binary” answer. In the event that ‘yes’ to independence wins, the bill foresees calling constitutive elections in March 2018. The document also establishes that “lack of agreement with the Spanish State” is not a reason for the referendum to be rejected. The Parliament also passed the ‘Catalunya Sí que es Pot proposal to hold a referendum “with real political and legal effects” and launch the necessary initiatives “before the Spanish State”. Spanish Unionist ‘Ciutadans’, the Catalan Socialist Party (PSC) and the Conservative People’s Party (PP), refused to vote, considering the proposals to have emerged from resolutions which have been suspended by the Spanish Constitutional Court (TC).

The Catalan Parliament’s President, Carme Forcadell, may face criminal proceedings. The Spanish Constitutional Court (TC) has this Thursday upheld the complaint issued by the Spanish Government and has urged the Public Prosecutor’s Office to determine whether Forcadell committed a penal crime when disobeying the TC’s rulings and allowing the pro-independence roadmap vote last July. The resolution of the TC, approved by unanimity, asks to open criminal proceedings but does not contemplate the dismissal of Forcadell, a measure the TC could apply after a People’s Party (PP) reform in 2015 gave it the power to do so.