I read in the international press that the Spanish monarchy is on the brink due to the revelations about Juan Carlos I, the former king. International media outlets are using the yardstick of how reprehensible the alleged behaviour would be seen in their own respective countries.
The fact is that in Spain, Pedro Sánchez's socialist govt. says that a parliamentary investigation would be inappropriate, arguing that JC remains above the law despite no longer being Head of State. Even if this were true (a massive if), why should the truth not be laid bare?
As for the mainstream Spanish media... It's not going anywhere near the story. Old habits die hard. Questioning the Head of State, whether current or former, remains strictly off limits for a compliant & complicit fourth estate. Please move on, nothing to see here.
Earthquake in Spain's Constitutional Court: a sector of the court leaks a strategy designed specifically to prevent appeals lodged by Catalan political prisoners from reaching European courts during their trial & before the judgement was issued.
The Constitutional Court's strategy consisted of admitting the political prisoners’ appeals for processing in order to stop them from reaching the European Court of Human Rights in Strasbourg, thus preventing European interference in the trial of the Catalans.
The strategy has been leaked by a sector of the Constitutional Court to the Europa Press agency. The strategy consisted of admitting for processing & then sitting on 50 appeals for legal protection lodged by the political prisoners against rulings issued by Spain’s Supreme Court.
2019 draws to a close. The 9 political & social leaders sentenced to long prison terms by Spain's Supreme Court following a show trial will spend this Christmas behind bars. They are not the only Catalan political prisoners. On 23 September, in dawn raids that formed part of...
an operation denounced as being riddled with rights abuses, Xavier Duch, Eduard Garzón, Txevi Buïgas, Alexis Codina, Germinal Tomàs, Ferran Jolis & Jordi Ros were arrested & whisked off to Madrid's Soto del Real prison, 650 km from their families. The men have been...
accused of terrorism, an allegation they deny in the strongest of terms. The accused have been subjected to a trial by media. Elements of their case, which was subject to a reporting ban, were strategically & scandalously leaked to chosen media. False information was published.
My translation of today's article in eldiario.es by Javier Pérez Royo, Professor in Constitutional Law at the University of Seville:
It seems that the Supreme Court is prepared to do whatever it takes to prevent Oriol @junqueras, @KRLS Puigdemont and @toni_comin from acquiring the status of MEP. The court has decided to prevent Oriol Junqueras from entering the headquarters of the...
...Central Electoral Commission (CEC) in order to swear allegiance to the Constitution, and judge Pablo Llarena has refused to withdraw the Spanish arrest warrant against Carles Puigdemont and Toni Comín, which means that they cannot enter the CEC headquarters either.
Today, Spain's Supreme Court ruled that @junqueras, elected as an MEP by well over one million citizens in the #EUelections2019 of 26 May, would not be allowed to collect his credentials and complete the necessary paperwork in order to take up his seat on 2 July.
Javier Pérez Royo is a Spanish jurist and Professor in Constitutional Law at the University of Seville. This is my translation of the opinion article he has written on today's developments. Please see the original article at the end of the thread:
Oriol Junqueras has not been convicted by any final judgement that might prevent him from exercising his political rights, which obviously include the right to stand as an electoral candidate.
On 1 Oct. 2017, @sanchezcastejon (then in the opposition) said: "I wish to make clear our disagreement with the police charges that have occurred today. [We] wish the injured a rapid recovery. And [we make clear] our will to call to account the leaders who ordered those charges."
On 17 October 2017 the @PSOE withdrew its demand for Deputy Prime Minister Soraya Sáenz de Santamaría to appear before parliament to explain this police violence. "At this time it's not a priority" was the party's new position.
By 21 October 2017 @sanchezcastejon had offered Mariano Rajoy his full support in removing home rule in Catalonia through the application of article 155 of the Spanish Constitution. His priorities were now clear.
Diego López Garrido, Professor in Constitutional Law, formed part of the team that drafted the 1995 reform of the Spanish Criminal Code. He was personally responsible for drawing up the definition of the criminal offence of rebellion in the code.
Interviewed on Catalan public television TV3 today about the #CatalanTrial, Mr Garrido strongly criticised the case presented by Spain’s Public Prosecutor: “The Public Prosecutor’s Office hasn't been able to prove that a rebellion took place, because no rebellion took place.”
He lambasted the final report presented by the Public Prosecutor’s Office, claiming that it lacked well-grounded legal arguments. In particular he criticised the use of the term “coup d’état”, which is not legal term and bears no relation whatsoever to what occurred.
In early April 2018, the High Court of Schleswig-Holstein in Germany ruled that @KRLS Puigdemont could not be extradited to Spain to face the charge of rebellion due to the lack of evidence of violence by those who organised/took part in the Catalan referendum of 1 October 2017.
In a highly unusual move, the Spanish investigating judge Llarena responded by withdrawing the European arrest warrant he himself had issued for Puigdemont, despite the fact that the German court was prepared to extradite the leader to face the charge of misuse of public funds.
Llarena also withdrew the EAWs issued for all the other Catalan political exiles, including @toni_comin in Brussels & @ClaraPonsati in Scotland. Since then, we've had a show trial of the Catalan political & civil society leaders who've been languishing in jail for up to 570 days.
Spain wants to punish 2.3 million Catalans for trying to "break up Spain", for "flouting the law" and for holding an illegal referendum. It starts by taking some of their leaders hostage & forcing others into exile.
This serves the dual purpose of directly punishing leaders & their families (emotional toll, loss of earnings, huge travel costs of constant Madrid prison visits/trips abroad) and intimidating the population at large.
Then Spain starts moving down the levels.
Charges are brought against second-tier political leaders, harmless activists are accused of terrorism & police officers who have protected citizens from real terrorists are accused of belonging to a criminal organisation.
Spain spent €87M of taxpayers' money on violently failing to prevent a referendum from taking place in Catalonia. It then refused to acknowledge the votes of 2.3 million citizens & launched a brutal crackdown, revoking home rule.
The Catalan elections called by Rajoy were won by the pro-independence camp despite having several candidates in prison & exile. The Spanish govt. allowed & encouraged these candidates to stand.
("It would be a good thing for Puigdemont to stand in the elections.")
DECEMBER 2017 - MAY 2018
The Spanish govt. & judiciary then proceeded to veto not one, not two but three Catalan presidential candidates: @KRLS, @jordialapreso & @jorditurull (imprisoned halfway through his own investiture debate). President @QuimTorraiPla was the fourth choice.
5 Catalan political prisoners were elected to Spain’s parliament on 28 April (Junqueras, Turull, Rull, Sànchez - Congress; Romeva - Senate). Meanwhile, on 26 May, 3 Catalan exiles (Puigdemont, Ponsatí & Comín) and 1 political prisoner (Junqueras again) may be elected to the EP.👇
Javier Pérez Royo, Professor in Constitutional Law at the University of Seville, explains the legal ins and outs of their situation and the huge problem that Spain has created for itself by attempting to deal with an eminently political problem through the courts. A summary:👇
From the moment the 5 political prisoners were elected to Spain’s parliament they have enjoyed parliamentary immunity. This means that “they cannot be charged or tried without the prior authorisation of the respective chamber” (article 71.2 of the Spanish Constitution).👇
To get Catalan MP Iceta into the Senate, Pedro Sánchez first needs the Catalan parliament to authorise (vote on) his departure.
Meanwhile, Sánchez has met the leaders of Podemos, the PP & Ciudadanos to discuss a strategy on Catalonia but has refused to meet Catalan parties. So...
...again he's asking for something but gives nothing in return, as when Catalan parties voted in favour of his no-confidence motion against Rajoy in exchange for nothing. You simply can't discuss Catalonia without including its majority forces, unless you think of it as a colony.
And then of course there are the smirking photos. This TV debate was prior to the Catalan election of Dec. 2017. Jordi Turull, on the left, would later be imprisoned halfway through his own investiture debate, deprived of his freedom & political rights. Total silence from Iceta.
Javier Pérez Royo, Professor in Constitutional Law at the University of Seville, explains why the decision by Spain’s Central Electoral Board to stop @KRLS , @ClaraPonsati & @toni_comin from standing in the European elections has no legal grounds. A summary:
The political rights of the 3 politicians are intact. All they've done so far is exercise their basic rights as Spanish citizens, specifically the right to choose their place of residence and to freely enter & leave Spain, as set forth in art. 19 of the Spanish Constitution.
Article 19 ends thus: “This right cannot be restricted for political and ideological reasons.”
At the end of 2017, they decided to establish their place of residence in Belgium (Puigdemont, Comín) & Scotland (Ponsatí).
At the #CatalanTrial, day after day, defence lawyers have to listen as police officers recount a version of the events of 1 October 2017 that differs wildly from the objective video evidence viewed by the lawyers in court (and by us at home) on laptop screens.👇 #judiciFarsa
But, perversely, the judges refuse to allow this video evidence to be shown to the witnesses. All the video evidence will be viewed by the judges further down the line when there are no witnesses present. What will be the format of this marathon video session?
Nobody knows. Will defence lawyers be given the chance to pause each video in order to point out the outrageous lies told in court by public servants? Will these liers be held to account? Will the judges be paying attention as polling stations & whirling batons merge into one?
The one and only requirement of the Spanish Constitution & of the Statute of Catalonia is for the proposed candidate to be an elected MP and not to have lost his/her right to vote & be voted through a final judicial sentence.
If this requirement is fulfilled, nobody can stop the proposed candidate from attending the session.