disobedience

Catalonia’s Supreme Court (TSJC) has called the Parliament’s President, Carme Forcadell, to testify before the court on Friday the 16th of December. She is accused of “disobeying” a Spanish Constitutional Court (TC) ruling when allowing the conclusions of the committee to study the constitutive process to be assessed in the Parliament. The Court also requests testimony from the second Vice-president of the Parliament’s Bureau, José María Espejo, from Spanish Unionist ‘Ciutadans’, the Bureau’s second secretary, David Pérez, from the Catalan Socialist Party (PSC) and the Bureau’s third secretary, Joan Josep Nuet, from alternative left alliance ‘Catalunya Sí que es Pot’. The Court ordered them to testify as witnesses over the pro-independence roadmap, which was put to vote in the Catalan Chamber on the 27th of July.

The case against Parliament’s President, Carme Forcadell, for allegedly disobeying and perverting the course of justice by allowing the pro-independence roadmap to be put to vote on the 27th of July will proceed. Catalonia’s Supreme Court (TSJC) refused this Wednesday the appeal presented by the Parliament and emphasised that the crimes Forcadell are accused of are not related to “the public expression of thoughts or ideas” but to “disobeying” a ruling from the Spanish Constitutional Court (TC), which it defined as “a key piece in the architecture of democratic and advanced states”. The document, written by Judge Maria Eugènia Alegret, also urges the Parliament to present documentation to the inquiry in order to “prove that the facts described in the lawsuit constitute a crime” and also to help “the defence of the accused”. 

Spain’s Public Prosecutor, Consuelo Madrigal, urged Catalonia’s Supreme Prosecutor, José María Romero de Tejada, to file a complaint against Parliament’s President, Carme Forcadell. Madrigal accused Forcadell of alleged perversion of justice and disobedience for allowing the pro-independence roadmap to be put to vote in July. However, she dismissed the misappropriation of public funds, which dispels the possibility of applying criminal charges. Thus, the Catalan Supreme Court (TSJC) will be in charge of these proceedings, together with those for the 9-N symbolic vote on independence in 2014, which have to resolve whether former Catalan President, Artur Mas and former ministers Joana Ortega and Irene Rigau are liable for ignoring the TC’s resolutions and allowing the 9-N to take place.

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”.