public prosecutor office

The former Catalan President Jordi Pujol, who confessed in late July that his family had committed fiscal fraud for years by having a hidden fortune in Andorra, will also be requested to provide further explanations before the Catalan Parliament by the coalition he founded and used to lead, the centre-right pro-Catalan State coalition CiU, which currently runs the Catalan Government. On Monday the CiU confirmed that they will vote on Tuesday for the parliamentary appearance request, joining the rest of Catalan parties. Pujol's fraud has shocked Catalan society and has been presented by Madrid-based forces as a fatal threat to the self-determination process. However, there are increasing amount of news pointing towards the theory that the Spanish authorities (Government, tax agency and public prosecutor) and the two main parties (PP and PSOE) knew about Pujol family's fraud for decades and covered it up in exchange for his opposition to independence. In fact, Pujol had always worked to better fit Catalonia within a more modern Spain and only embraced pro-independence stances two years ago.

On Friday the Spanish Tax Agency delivered a summons to the historical leader of Catalan nationalism, Jordi Pujol, who confessed two weeks ago that his family had non-declared money from his father's inheritance in fiscal paradises for more than 35 years. Also on Friday, the Barcelona judge investigating the case requested that Pujol hand in his father's last will and the document accepting the inheritance. In addition, the judge sent petitions to Andorra and Switzerland for financial information about Pujol, his wife and his 7 children. Several media outlets have reported that 4 of Pujol's sons could have fortunes abroad, allegedly out of tax control and coming from corrupt activities. Meanwhile, the person who chaired the Catalan Government between 1980 and 2003 and was essential in Spain's democratic transition and modern history, has been cast out of the party he founded (CDC) and has had all his official honours, pension and office taken away from him.

Nine people were arrested on Monday in an operation run by the Guardia Civil, which is investigating an alleged misappropriation of public funds regarding work on the construction of the Madrid-Barcelona-France High-Speed Train line in the Catalan capital. The Anti-corruption Public Prosecutor’s Office suspects that €6 million could have been diverted. The Guardia Civil has searched the Madrid and Barcelona offices of Adif, the public company run by the Spanish Government which is in charge of building and maintaining train infrastructure in Spain. In addition, they have also searched the headquarters of private construction companies, such as Isolux Corsan, which has its headquarters in Barcelona. The details of the investigation are secret and cannot be disclosed yet, following a judicial order.

The former Secretary General and 'number 2' of CDC, which is the Liberal Party and larger force within the two-party Centre-Right Catalan Nationalist Coalition (CiU), has been indicted for another alleged offence: bribery. Oriol Pujol had already been indicted a year ago for influence peddling regarding the network of Technical Vehicle Inspection garages (ITV). Back then, Pujol temporarily stepped down from his party responsibilities and as Chairman of the CiU group within the Catalan Parliament, but he continued as MP. The case is still under investigation by a judge from Catalonia's Supreme Court (TSJC), who has now added bribery to the list of alleged felonies. The judge stated that he believes Pujol might have earned €30,000 through his wife's company for a specific vote in Parliament. The CDC and the Spokesperson of the Catalan Government – run by the CiU – emphasised that they believe in Pujol's innocence and hope the judicial process will clarify the situation as soon as possible.

Last week Lionel Messi and his father Jorge Horacio Messi were formally accused by the Spanish Public Prosecution Office of having evaded €4 million in taxes regarding his image rights between 2007 and 2009. The judge in charge of the case has decided to indict the FC Barcelona player and his father. She has asked them to come to the court with their lawyers on the 17th of September to be interrogated, in order to decide whether she will formally accuse them or not. Messi’s lawyers issued a press release in which they stated the player’s will to cooperate with the judicial process and added he will pay whatever he is told. However, they also insisted on Messi’s innocence, emphasising they “are sure” he has already honoured his fiscal obligations. In addition, the Argentinean player released a statement last week fully denying the accusations.

After a four-year investigation, the Public Prosecution Office – which comes under the jurisdiction of the Spanish Ministry of Justice – is accusing Convergència Democràtica de Catalunya (CDC), the main force within the two-party coalition Convergència i Unió (CiU) which runs the Catalan Government, of having received €6.6 million in “illegal commission” from the construction company Ferrovial. CDC immediately denied the accusations, stating they have never received hidden money, not the party or its think-tank, the CatDem Foundation. In addition, they lamented the fact that the Public Prosecutor is basing the accusation “on speculations and mere conjecture” and that “it is not backed by any evidence”.

The FC Barcelona player denies having evaded taxes. “We have not committed an offence” and “we have always honoured our fiscal obligations” stated Lionel Messi in a note published on his Facebook account. On Wednesday, the Public Prosecution Office accused the Argentinean football player and his father Jorge Horacio Messi of not having paid €4 million to the Spanish Tax Agency in 2007, 2008 and 2009. The Prosecution Office believes they hid “important revenue” deriving from image rights and “simulated” signing over the image rights to societies based in fiscal havens such as Belize or Uruguay or with addresses in countries particularly permissive with such societies such as the United Kingdom and Switzerland.

Earlier this week the Director of the Public Prosecution Office of Catalonia, Martín Rodríguez Sol, was pushed to resign by his boss at a Spanish level, who is directly appointed by Spain’s Government. Rodríguez Sol said in an interview that it was “legitimate” to “allow the people” to decide on their collective future regarding Catalonia’s self-determination process. However, he emphasised that he was not supporting an independence referendum as such because “it does not fit into the current legal framework”, but he suggested that a “legal vote” could be held with the appropriate question being asked. He also stated that legal frameworks should be connected to social realities and should have the option to be changed. On Thursday six members of the European Parliament, representing four Catalan parties, filed a question to the European Commission about the case.

The boss of all public prosecutors in Spain, Eduardo Torres-Dulce – appointed by the Spanish Government – announced on Monday that he is starting the process to dismiss his subordinate, Martín Rodríguez Sol, for having said in an interview on Sunday it was “legitimate” that a majority of citizens ask to vote on Catalonia’s political future, although “within the legal framework”. Rodríguez Sol believes that it is not possible to organise an independence referendum as such although he said that with the appropriate question, a legal self-determination vote could be held. He also stated that the legal framework should be adapted to social changes. The Catalan President, Artur Mas, has accused the Spanish Government “of having little democratic sensibility”. In addition, Mas reminded everybody that last week another army general threatened with a military intervention in Catalonia “and nothing happened” but if an attorney general says that people should “express themselves within the legal framework”, he is fired.