CATALONIA
HISPANIA. MORTUUS EST IUSTITIA TUA. IMPERII TIMORE (II)
"It did not take long to materialize M.Rajoy's threats"
It
was not enough the repression that since the beginning of September
unleashed the government of Spain against the Catalan sovereignty. Remember,
according to examples, the emergence of the Civil Guard in the writing
of the weekly newspaper of Valls (Tarragona) "El Vallenc" with the
imputation to its director Francesc Fabregas by the Prosecutor of
Tarraconense for the alleged crimes of "disobedience, prevarication and
embezzlement of public funds "even being a private journalistic company; the judicial prohibition of public acts in Madrid - in a place assigned by the City Council - and in Euzkadi; the closure of successive web pages of the Generalitat; the
indictment by the Attorney General of the State José Manuel Maza no
less than 712 Catalan mayors for signing a manifesto in support of
holding a referendum with the same singsong of "disobedience,
prevarication and embezzlement of public funds"; the
prohibition under threats to the Catalan media of inserting any
propaganda of the Referendum ... .. Everything indicated to us the
orientation that the Spanish "justice" would take before any democratic
attempt to consult the citizenship that, as I already related in the (I)
, culminated on September 20 with the arrest of 13 senior officials of
the Generalitat and the practice of more than 40 records in its official
offices. The
peaceful resistance that unleashed that Spanish governmental action was
the excuse for the arrest and unconditional imprisonment for "sedition"
of Jordi Sánchez and Jordi Cuixart -the Jordis- prison that, out of all
democratic logic, continues to this day.
One
hour after the proclamation of the Catalan Republic, with the details
that I explained in the previous analysis, the Spanish President M.Rajoy
warns in the Senate with a threatening "The time has come when the law
is imposed over any other consideration " The
ERC senator, Mirelles Cortés addresses those who have approved the
application of 155 saying "You decide everything from here, despite not
knowing our town or our culture. You
have shown that it is impossible, not just a Spain to the Catalan, but a
Catalonia within Spain "to end with a ¡Visca la República Catalana!
It did not take long to materialize M.Rajoy's threats. Three
days later, the State Attorney General José Manuel Maza decided to file
a complaint against REBELIÓN against the entire Catalan Government. However,
according to the Statute of Catalonia, both the President and the
members of the Government and the Parlament are subject to the Superior
Court of Justice of Catalonia, unless they are subject to events outside
their jurisdiction. For
this reason, the deceased prosecutor Maza had to unify criteria with
the Prosecutors of the Supreme Court, the National Court and the
territorial ones of Catalonia. Maza
based on this alleged offense of rebellion committed by the members of
the Govern affects the entire territory of the State. He
adds, in addition, that they have counted on propagandists abroad,
hiring a specialized consultancy in the USA and "counting on the
adhesion of more or less known people from the international scene that
go from Julián Assange to Yoko Ono, whose adherence to the
independentista cause has not been spontaneous either "which, together
with the proceedings on Diplocat justified the need to not respect the
appraisal and, therefore, to present the complaints before the Supreme
Court and the National Court.
The
Judge of the AN, Carmen Lamela, accepts the accusation and calls to
declare on November 2 to the members of the Government accused of the
alleged crime of "rebellion" for, following the fiscal argument, having
used the Bureau of the Parlament to approve laws manifestly
unconstitutional and use the ANC and Omnium Associations as a civil arm
to proclaim the independence of Catalonia outside legal channels. Lamela
called to declare Vice President Oriol Junqueras, Consellers Dolors
Barsa (Treball), Meritxell Borràs (Gobernacio), Joaquim Forn (Interior),
Raül Romeva (Foreign), Jordi Turull (Presidència), Josep Rull
(Territori), Carles Mundó (Justice) and Santi Vila (Company). All
refuse to testify, except Santi Vila, who alludes to the fact that he
had resigned the day before the DUI because of disagreement with it. Judge
Lamela orders the unconditional imprisonment of all of them except
Santi Vila who imposes a € 50,000 bail, despite "that his behavior shows
his will contrary to consummate the secessionist intent". By virtue of the order of the judge, the men go to the Madrid prison of Estremeras and the women to the one of Alcalá Meco.
Is
it admissible, in justice, that prison that lasts more than 3 months of
the members of the Government and the even longer one of the Jordis, or
is it an imposition of the Spanish government to frighten the
independence movement, and not only to the Catalan? Most serious jurists, both Spanish and foreign, answer with a resounding NO. According
to the Spanish Penal Code (Art. 472) "Those who rise violently and
publicly, among other purposes, are guilty of the crime of rebellion.
Declare the independence of a part of the national territory." It is necessary, therefore, that there be a "VIOLENT and public uprising" to be convicted of this crime. Prosecutor
José Manuel Maza, tries to justify that this condition is fulfilled -
and Judge Lamela accepts it - stating that "violence does not have to be
physical, enough that it has capacity for it" and that "the
mobilization capacity that had demonstrated the independence fighters
intimidated the State Security Forces and Bodies. " Déu ens lliuri i guardi! I
wonder how timid are the members of the Public Order Forces, with their
weapons and baggage, to be intimidated by that "capacity"? Besides, is it enough "the capacity" to commit a crime to imprison someone? If
so, how is the totality of the Bank and the State Government and its PP
behind bars, with the capacity they possess and the facts that we know?
It
also adds the allegation that on the 1st of October "there was a
violent uprising with insults, threats and assaults with chairs on the
police and the Civil Guard." I
guess that explicit reference is due to a neighbor of 40 years of Sant
Joan de Vilatorrada who threw a chair against the guards who entered
violently in the IES Quercus, breaking the doors, to prevent the vote. He
was arrested by the Civil Guard on October 25 with, according to that
same day from the Press Office of the Civil Guard, with that person "The
Civil Guard has arrested six individuals to date for assaults on police
officers. authority occurred on October 1 ". Terrible violent rise of a countryman armed with a chair and 5 more neighbors! Probably,
the more than one thousand civilian wounded and the eye lost by a
rubber ball shot the 38-year-old countryman Roger Spanish caused them
themselves, in a praiseworthy act of service to Spain, so that the
prosecutor and the judge could prove the violence of the uprising. I think more likely that poor Roger Spanish will be thinking about changing his name.
The
same crude attempt to justify the "violent uprising" does Judge Lamela
to say that "the Mossos came in some cases to reprimand and even to face
any of the Civil Guard agents who in the exercise of their functions
was in the place". Carajo,
as I remember the "Glorious National Uprising" that constantly struck
me as a child and kid and that now M.Rajoy & Cía wants to recover in
schools! Of
course, in the Francoist rebellion that, in an uncivil war that lasted
almost 33 months and caused half a million dead on the fronts and more
than 150,000 dead, assassinated coldly and calculatingly in the rear,
something more than a chair was used. countrymen Only
here, in this colony of the Canary Islands, where there were no battles
or resistances, some 5,000 murdered and more than 6,000 prisoners,
remind us of what is really a "violent and public uprising" on which the
Spanish monarchical restoration was based.
President
Puigdemont and Consellers Antoni Comin (Salut), Meritxell Serret
(Agriculture), Clara Ponsatí (Ensenyament) and Lluis Puig (Culture)
decided to leave Spain and moved to Brussels on October 30. Therefore,
Judge Lamela, on November 3, imputing, in addition to the same crimes
as those already imprisoned, those of "prevarication and disobedience",
is pursuing a European arrest warrant (OEDE) against all of them. The
entire process is reversed when, on November 24, Judge Pablo Llarena of
the Supreme Court, which was already taking the case against the
President of the Parliament Carme Forcadell and the five members of the
dissolved Bureau, issued an order taking charge of the case against all
the prisoners and exiles, who now number 22 people, leaving only the
investigation of Josep Lluis Trapero and Teresa Laplana to the AN.
When
the Belgian public prosecutor analyzes the question of the detention
and extradition to Spain of the exiles in Belgium and before the judges
of that country rule on the matter, Judge Llarena, convinced of the
impossibility of proving before any European court - and, for Thus, not
"dependent" on the Spanish government's will - the alleged crime of
rebellion, decided, on December 5, when the prisoners in Spain had
already more than a month of unjustifiable "preventive" detention,
withdraw the OEDE that had gone through the Judge Lamela. Withdrawing
that order, the exiles - "fugitives" according to the Spanish
constitutionalists and their media spokesmen - can freely reside and
travel throughout Europe, except Spain, of course, where they would be
immediately imprisoned "preventively". On December 4, Judge Llarena released Raül Romeva, Carles Mundó, Jordi Turull and Josep Rull on bail. The ANC and Omnium Cultural associations pay the deposit, just as they did with the Carmen Forcadell. To the Jordis, Oriol Junqueras and Joaquim Forn keeps them in prison
M.Rajoy,
exerting of President -neither Molt Honorable- of the Generalitat in
virtue of the 155, called "autonomic" elections for the 21st of December
(he could have done them on the 28th, also Thursday, but more
"innocent"). Its
foreseeable intention was that, with the fear in the body for the
reprisals and the emboldened constitutional monarchists, the
independence movement would have a resounding electoral defeat. What they could not avoid is that the prisoners or the exiles could present themselves as candidates. They were neither condemned nor deprived of their individual rights, except, of course, for their FREEDOM. The
monarchist parties, despite the spectacular rise in C's that benefited
from the desperate call to the polls of Spanishism and the collapse of
the PP, failed to overcome the independence movement, this time, came
divided. There
is no doubt that the president's political position from exile and the
limitations of all kinds that the Spanish courts put to the separatists
imprisoned for a month and a half like Oriol Junqueras had a marked
influence on the results. Of
the prisoners in Spain were Oriol Junqueras, Joaquin Forn and Jordi
Sánchez and the exiles in Belgium Carles Puigdemont, Antoni Comín, Clara
Ponsatí and Meritxell Serret, in addition to the positions on parole on
bail.
From
Junts x Cat the Central Electoral Board was asked to "take the
necessary measures to ensure the right of all candidates to participate
in conditions of equality in the election campaign" since, says the JEC
itself, according to the Law Spanish Penitentiary General "the inmates
may exercise civil, political, social, economic and cultural rights,
without excluding the right to suffrage unless they are incompatible
with the fulfillment of their sentence", condemns that in this case does
not exist yet. The
JEC is inhibited in favor of Judge Pablo Llarena with the private vote
against the president of the JEC, the magistrate Segundo Menéndez and
another magistrate who proposed to accept measures such as participating
with videos recorded in prison. Judge
Llarena, who more than judge is sajorín because he must possess
properties to guess the future, on December 14, a week after the
electoral campaign began, he answers the requests of Jordi Sánchez and
Joaquim Forn, denying permission to leave yet guarded by the police to
participate in some campaign rally because "not only would they empower
the immediate mobilization impulse, but they can be used to cause the
riots to materialize in response to the institutional conformation
resulting from the elections", a ban add the one to hold in prison any
interview that is requested or connect to the internet in ample hours. The
judge's order argues his decision that according to the European Court
of Human Rights "the rights of vote and eligibility are not absolute
rights" and, of course, the facts show that freedom does not constitute a
right when it is involved. Spanish justice.
All the candidates in prison or in exile were elected. On
January 17, with the absence of the exiles avoiding a challenge to the
TC, and after an extraordinary and lucid speech by the President of the
Bureau of Age, Ernest Maragall, who accepted - with the protest of C's
and the meager representation obtained by the PP- the delegation of vote
of the deputies prisoners, the definitive Table was chosen and the
positions of the same, where the deputy of ERC Roger Torrent was elect
to preside over the institution.
Here
begins another headache for Spanishism and new arbitrariness in the
performance of the powers of the State, but this is already part of
another chapter of this story.
Gomera on February 12, 2018.
