Spain's Foreign Ministry has been sending a 70-page dossier about Catalonia to journalists.
It's ideologically-charged and somewhat incoherent.
But it also appears to violate the presumption of innocence of imprisoned Catalan representatives, which is very serious.
Thread.⤵️
It's ideologically-charged and somewhat incoherent.
But it also appears to violate the presumption of innocence of imprisoned Catalan representatives, which is very serious.
Thread.⤵️
The document, falling perfectly in line with the prosecution, declares that the statement "the independence movement is peaceful" is "fake".
It goes on to suggest that pro-independence protests held in September 2017 (in which nobody was injured) were actually a "seige".
It goes on to suggest that pro-independence protests held in September 2017 (in which nobody was injured) were actually a "seige".
The word "tumultuous" is rarely used in Spanish.
But in a blatant reference to the crime of "sedition" (a "tumultuous uprising" in the Penal Code), the Spanish-language version of the dossier repeatedly uses "tumltuous" to describe events.
It is meant to suggest criminal guilt.
But in a blatant reference to the crime of "sedition" (a "tumultuous uprising" in the Penal Code), the Spanish-language version of the dossier repeatedly uses "tumltuous" to describe events.
It is meant to suggest criminal guilt.
The document violates the presumption of innocence of Carme Forcadell, saying her "blatantly illegal" acts "deprived Catalans of rights, and violated mandates" of courts.
Forcadell, currently in jail, cannot respond to the accusations.
But she has been convicted of no crimes.
Forcadell, currently in jail, cannot respond to the accusations.
But she has been convicted of no crimes.
The dossier directly suggests that the German courts were wrong to refuse to extradite Catalan leader Carles Puigdemont for rebellion.
The implication (if the German judges were were wrong to not see crimes of violence in the events) is that violent crimes were committed.
The implication (if the German judges were were wrong to not see crimes of violence in the events) is that violent crimes were committed.
One can agree or disagree with the content of the document.
Regardless, to the extent that the imprisoned Catalans have been convicted of no crimes, the dossier violates the European Convention on Human Rights' Article 6 ("Right to a fair trial").
echr.coe.int/Documents/Guid…
Regardless, to the extent that the imprisoned Catalans have been convicted of no crimes, the dossier violates the European Convention on Human Rights' Article 6 ("Right to a fair trial").
echr.coe.int/Documents/Guid…
Per the CoE, "Art. 6§2 prohibits statements by public officials about pending criminal investigations which encourage the public to believe the suspect guilty".
In this case, it's more than just oral statements. It's publishing and actively distributing documents implying guilt.
In this case, it's more than just oral statements. It's publishing and actively distributing documents implying guilt.
Unfortunately, violating the imprisoned Catalan leaders' presumption of innocence is part of a larger trend.
The Catalan leaders have not had a fair trial.
And the problem is not just the Courts.
It's also the Spanish Government.
And the EU's silence.
spainenglish.com/2019/02/14/opi…
The Catalan leaders have not had a fair trial.
And the problem is not just the Courts.
It's also the Spanish Government.
And the EU's silence.
spainenglish.com/2019/02/14/opi…
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