CATALONIA
'The only violence that occurred during the referendum on 1 October was
committed by the Spanish police or Guardia Civil, and not by the
Catalan government.
Holding referendums is not a new trend in
Europe. In the UK, the Westminster parliament permitted Scotland to hold
an independence referendum. No such referendum has been granted by the
Spanish parliament despite demands from the Catalonians, forcing the
Parliament of Catalonia to draft the future of the Catalonians. Catalan
is the 10th most common language of Europe and their unique identity
needs to be protected.
In the 21st century in Europe and across the
world, either people decide on their own future, or there will be no
permanent solution to the problem due to the issue of the Right to Self
Determination.'
'In the context of the referendum in Catalonia on
the 1st of October, 2017 and the aftermath, it is clear from the
visuals provided by the defense lawyers that the people who had
assembled at Barcelona were very peaceful and there were no signs of
violence. From the visual evidence provided in the court, it becomes
very clear that a good number of women and men well above the age of 60
were participating without any fear and exercising their right to
freedom of peaceful assembly. The volunteers could also be seen
facilitating the smooth flow of people and they could be seen side by
side next to the police.'
'The only people who had climbed on top
of vehicles in large numbers were the photographers and journalists to
get a better view. In the videos shown in the courtroom, there was no
provocation by any Catalonian leaders nor any violence visible. The
Spanish authorities have converted the right to assembly and
demonstration, into a crime of rebellion. Neither the events of 20
September 2017 nor those of 1 or 3 October 2017, led to the violence
required in Article 472 of the Spanish Criminal Code as this crime
requires a violent public uprising which never happened.'
'It is a
well-documented fact that the Spanish police fired blank cartridges and
rubber bullets, seriously injuring one person and causing him to lose
sight in one eye. Easily visible was the brandishing of batons by the
police on women and men who were on the streets.
The central
government used aggressive methods to disrupt the referendum, adding to a
chaotic environment that did not allow for fair and transparent
balloting. Police deployed by the central authorities were ordered to
halt the vote, in part by seizing ballot materials, and in some cases
they used baton charges against peaceful demonstrators outside polling
locations and many leading human rights groups alleged excessive use of
force by the Spanish police.'
'The 12 judges of the Spanish
Supreme court who sit on the 20-member General Council of the Judiciary
which oversees the courts and ensures their independence are not
directly elected by their peers, but appointed through a three-fifths
vote in the parliament, as are the other eight members.
Supreme
Court judges are appointed by the General Council of the Judiciary
(CGPJ), the body elected by the Spanish parliament, in a process which
has been challenged due to political interference which can potentially
jeopardize the independence of the high ranks of the judiciary,
particularly in politically sensitive cases.'
'The highly
political nature of the ongoing criminal procedure is evidenced by the
fact that the far-right political party VOX is taking part in the
private prosecution.'
'The right to personal liberty, in order to
be compatible with international standards and the presumption of
innocence, pretrial detention must only be applied as a last resort.
Pre-trial detention constitutes a disproportionate restriction on his
fundamental rights to free expression, peaceful assembly, and personal
liberty. Many international human rights organizations who have examined
the Catalonian case thoroughly have concluded that the charges against
those detained are unfounded and must, therefore, be dropped.'
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