Spain's Court of Auditors grants amnesty to Catalan independence leaders

Spain's Court of Auditors has applied the 2024 amnesty law to former Catalan presidents Carles Puigdemont and Artur Mas, former vice-president Oriol Junqueras and 31 other former Catalan government officials over spending linked to the 2017 independence referendum and the government's overseas activities.

The decision follows a July ruling by the Court of Justice of the European Union (CJEU), which clarified that the organisation of the October 1, 2017 referendum did not affect the EU's financial interests.

A Supreme Court decision on an amnesty for separate charges for Puigdemont and other pro-independence figures is expected in the coming days.  

In a ruling published on Wednesday, the Court of Auditors also ordered the return of financial guarantees totalling €4,283,438.23, which the defendants had lodged against potential accounting liabilities.

The officials had been sued by prosecutors and the anti-independence group Societat Civil Catalana over the alleged irregular use of public funds to promote the independence movement abroad and organise the referendum.

The expenses challenged by Societat Civil Catalana – initially also pursued by public prosecutors – amounted to more than €4.2m.

After the amnesty law was passed, prosecutors argued that the amnesty should also apply to accounting liability, the area of responsibility examined by the Court of Auditors.

The court, however, referred questions to the CJEU to clarify the referendum's impact on the EU's financial interests.

In its ruling, the Court of Auditors states that it "has not been established" that the disputed expenditure in the accounting proceedings – relating to the 2017 referendum – or spending on the Catalan government's overseas activities between 2011 and 2017 "was made using public funds originating from the EU budget."

Those covered by the amnesty include Puigdemont, Junqueras and Mas, as well as former Catalan ministers Jordi Turull, Lluís Puig, Raül Romeva, Francesc Homs, Dolors Bassa, Clara Ponsatí, and Andreu Mas-Colell. Also included are former secretary-general of the presidency Joaquim Nin and former head of the Diplocat public diplomacy body Albert Royo.

In total, the court has granted amnesty to 34 former Catalan government officials.

Mas welcomes decision

Former Catalan president Artur Mas welcomed the decision, saying it marked the end of "another period of repression and persecution" endured by many people for years because they defended a political project based on democratic values and parliamentary majorities.

He also criticised what he described as repeated attempts by Spanish courts to avoid applying the amnesty law approved by Congress.

Supreme Court decision still pending

The Court of Auditors' decision comes a week after Spain's Constitutional Court upheld the application of the amnesty to charges of misuse of public funds against leading figures in the Catalan independence movement.

Its ruling on an appeal by former minister Dolors Bassa established the legal precedent for other leaders.

Following that decision, investigating judge Pablo Llarena lifted the arrest warrants for Puigdemont and former ministers Toni Comín and Lluís Puig.

Llarena is expected to propose closing the case against Puigdemont, Comín and Puig before Tuesday.

Junts MEP-elect Toni Comín has announced he will return to Catalonia on October 24 after nine years in exile in Belgium, crossing the French border on foot.