9-n consultation

The trial over the 9-N symbolic vote on independence in 2014, which took before Barcelona’s High Court former Catalan President Artur Mas amongst other members of the Government has provoked reactions within and outside of Catalonia. MEPs from all parties have told the CNA that Catalonia and Spain should look for “a political” solution to their differences rather than resorting to the court. “Politicising the judiciary is always a wrong way”, stated ECR MEP Mark Demesmaeker, and lamented “the EU institutions’ silence” on this matter. “Europe can give good solutions”, EPP MEP Csaba Sógor pointed out and called for the 27 Member States to “be on the side of peace, dialogue and negotiation”. According to Ana Gomes, from the Socialists and Democrats, Spain’s response to Catalonia’s political aspirations “doesn't dissuade pro-independence supporters, it does rather the contrary”.

Former Catalan Minister for Presidency and now Catalan European Democratic Party (PDCeCAT) spokesperson in the Spanish Parliament, Francesc Homs, testified this Wednesday before Barcelona’s High Court, during the trial over the 9-N symbolic vote on independence. Homs, who was former Catalan President Artur Mas’ right hand man at the time when the non-binding consultation took place, in 2014, gave his testimony as witness. “I told the Government that we were not violating any law and even less the penal code”, Homs stated and pointed out that the Spanish Constitutional Court (TC) resolution wasn’t clear. Coinciding with his declaration, this Wednesday it was made public that Homs will have to appear before the Spanish Supreme Court on the 27th of February, accused of disobedience and perversion of justice when co-organising the 9-N.

The Spanish Supreme Court’s Prosecutor is calling for the suspension of Catalan Minister and Catalan European Democratic Party (PDCeCAT) spokesperson in the Spanish Parliament, Francesc Homs, from holding public office for a 9-year period. Homs was accused of disobedience and perversion of justice for co-organising the 9-N symbolic vote on independence in 2014. This Wednesday, the Prosecutor’s temporary conclusions stated that former Catalan President, Artur Mas’ right-hand man “didn’t suspend any of the articles which allowed the consultation” and that he was “absolutely aware” that “by doing so he violated the mandatory compliance of the Spanish Constitutional Court’s decisions”.

Catalonia’s Supreme Court (TSJC) has dismissed this Thursday the appeals filed by former Catalan President Artur Mas, former Vice-President Joana Ortega and former Catalan Minister of Education Irene Rigau against their prosecution for alleged crimes of disobedience and administrative prevarication when organising the 9-N symbolic vote on independence. The Court magistrates believe that it is necessary to go on with the prosecution of the defendants for having authorised and co-organised the consultation, which took place on 9 November 2014. In its resolution, the TSJC insists on the “conscious resistance” of the three politicians to the Spanish Constitutional Court’s suspension of the participatory process. The resolution arrives three days before former Catalan Minister for Presidency, Francesc Homs, is due to testify in Madrid for the same cause.

Former Catalan President, Artur Mas, along with former Catalan Vice President, Joana Ortega and former Minister for Education, Irene Rigau won’t be accused for misappropriation of public funds in relation to the 9-N symbolic vote on independence. This is what the public prosecutor announced this Monday, after considering that the expenses related to the non-binding consultation were made before the suspension enacted by the Spanish Constitutional Court (TC). Nevertheless, the attorneys asked Catalonia’s Supreme Court (TSJC) to ignore the accused defences’ petition to file the case and summon the trio for the other crimes included in the lawsuit, which are alleged disobedience and perversion of justice.

The former Catalan Minister for the Presidency and Catalan coalition ‘Democràcia i Llibertat’s current leader in the Spanish Parliament, Francesc Homs, has voluntarily testified to Catalonia’s Supreme Court (TSJC) regarding the celebration of the 9-N symbolic vote on independence in 2014. Homs, who was President Mas’ right hand man at the time the vote took place, assured that the TSJC has “political” intentions regarding this case and that it is at the Spanish government’s service. Last October, the TSJC also summonsed former Catalan President, Artur Mas, former Vice-President Joana Ortega and Catalan Minister of Education Irene Rigau for having authorised and co-organised the non-binding and symbolic vote.

Catalan President, Artur Mas, appeared this Thursday before the court, after being summonsed by Catalonia's Supreme Court for organising the 9-N symbolic vote in 2014. "The success and international impact of the 9-N consultation is what motivated this lawsuit" he stated "this summons responds to the Spanish Government's anger rather than legal reasons". Mas arrived at Barcelona's Courthouse by foot and was joined by the 400 Catalan mayors from the Association of Municipalities for Independence (AMI) and the entire Catalan Government. Right in front of the Court, thousands of people displaying Catalan flags rallied around the President and openly showed their opposition to Catalonia's Supreme Court's decision to summons Mas, which has been regarded as a political decision. Mas appeared before the court two days after Catalan Minister for Education Irene Rigau and former vice-president Joana Ortega and right after attending the commemorative events for the 75^th anniversary of President Companys' execution. 

Catalan President Artur Mas reacted this Wednesday to his summonsing by Catalonia’s Supreme Court (TSJC). “Legally I didn’t disobey. Politically, there was a democratic rebellion against the State” he stated in a radio interview with Catalunya Radio. The charges are “the reaction of an arrogant, furious, clumsy state, whose pride was hurt, which is incapable of dialogue and which will do everything in its hands to get rid of me” he summarised. On the other hand, Spanish Prime Minister Mariano Rajoy considers it “false and unfair” to attribute the court’s decision to the Spanish government, as in Spain there is a “separation of powers”.

Pro-independence parties have won an overall majority in the Catalan election. The main pro-independence coalition, ‘Junts pel Sí’ (‘Together for Yes’) obtained 39.6% of vote and won 62, while the far-left pro-independence CUP secured 10 members of parliament. Together, they have an overall majority of 72 MPs in the 135-seats Catalan Parliament. President Mas, who ran fourth on the list, highlighted the plebiscitary nature of the elections and demanded “respect” for “the victory of Catalonia, the victory of yes”. Turnout in the election has hit a record high, with 77.4%.

Current Catalan President Artur Mas has been called to the court on the 15th of October for authorising and co-organising the 9-N symbolic referendum on independence that took place in 2014. Catalonia’s Supreme Court (TSJC), which pends on Spanish Administration of Justice, also confirmed the prosecution of former Vice-President Joana Ortega and Catalan Minister of Education Irene Rigau for the same charges. The official prosecution of Artur Mas and 2 other members of the Executive arrives two days after the 27-S elections and takes the current political conflict a level higher. The Catalan Government considered the TSJC decision a “democratic anomaly” and described it as a “political judgment”.