public prosecutor

“Unity gives us strength as a country”, stated Artur Mas, President of the Catalan Government, in the New Year’s official speech, which is broadcast annually on 30 December. Mas emphasised that “the [Spanish] State wants us to be divided”, because this way “we are weaker and more vulnerable”. The Catalan President makes this statement in the middle of the talks he is carrying out with the opposition left-wing independence party ERC in order to decide whether to run together in early elections that should be transformed into a ‘de facto’ independence referendum. However, the left-wing ERC is reluctant to run with Mas and members of the centre-right pro-Catalan State coalition CiU, which he leads. In his address, Mas also spoke in praise of the symbolic independence vote held on 9 November, which was “an exercise of democracy”, which “should call for dialogue and negotiation, instead of criminal prosecutions”.

The Spanish Government is carrying out “increased recentralisation” of powers, according to the President of the Catalan Government, Artur Mas, and that of the Basque Country, Íñigo Urkullu. Catalonia and Euskadi are the main stateless nations within Spain, with most of their citizens calling for greater levels of autonomy or full independence. They are Spain’s main industrial centres and combined they represent 25% of its GDP (€270 billion) and 20.5% of its population (9.7 million people). The President of the Generalitat and the Basque Lehendakari met on Sunday in Vitoria and agreed on “working together” to face the centralist and homogenising policies of the Spanish Prime Minister, Mariano Rajoy. In addition, they will also work to defend their nations’ right to self-determination.

The world famous opera singer Montserrat Caballé reached on Tuesday a prejudicial agreement to avoid trial for tax fraud committed in 2010. The Catalan soprano, aged 81, admitted that her fiscal residence was not set in the fiscal haven of Andorra that year and therefore had evaded paying taxes to the Spanish authorities. Caballé, who is considered one of the greatest sopranos ever by both critics and fans alike, accepted the Public Prosecution’s petition of a 6-month jail sentence and a €240,000 fine, which corresponds to almost half of the evaded money. Since the jail sentence is shorter than 2 years and Caballé has no criminal record, she will not have to be imprisoned. The fine is to be added to the €508,000 she already deposited in the spring to compensate the Spanish Tax Agency. On top of this, she will still have to pay €75,000, corresponding to the interest on the money evaded.

Hundreds of citizens have pled guilty in solidarity with the President of the Catalan Government, Artur Mas, Vice President, Joana Ortega, and Catalan Minister for Education, Irene Rigau, who are being prosecuted by the Spanish authorities for having authorised and co-organised the symbolic vote on independence that took place on 9 November. On Tuesday morning, citizens queued to plead guilty in front of Catalonia’s Supreme Court. This comes a day after the Court launched a judicial investigation on the criminal complaints against three members of the Catalan Government filed by a few individuals, extreme-right organisations and the Spanish Public Prosecution Office, whose Director is directly appointed by the Spanish Government. The solidarity campaign is organised by the civil society association that organised the largest pro-independence rallies of the last 2 years, the Catalan National Assembly (ANC). Many leading politicians are also pleading guilty and all the parties in Catalonia, except the Spanish nationalist ones, have come out in protest against the penal prosecution of the Catalan Government on account of a political issue.

Catalonia’s Supreme Court (TSJC) has accepted all the criminal complaints filed against the President of the Catalan Government, Artur Mas, Vice President, Joana Ortega, and Catalan Education Minister, Irene Rigau, for having authorised the non-binding and symbolic vote on independence that took place on 9 November. However, it rejected all the complaints filed against other politicians and civil servants, such as mayors and school directors. The TSJC will finally launch a judicial investigation for “alleged disobedience” after charges were pressed by several individuals and organisations, including the Spanish Public Prosecution Office, whose Director is appointed by the Spanish Government. In fact, the official prosecution of members of the Catalan Executive by the Spanish authorities has been extremely controversial. Pro-independence civil society organisations are organising a solidarity campaign, through which individual citizens will plead guilty for participating in November’s vote. Meanwhile, the Catalan Government insisted they acted in the correct manner.

Spain’s Director of the Public Prosecution Office, Eduardo Torres-Dulce, has announced his resignation “for personal reasons”. However, it is well-known that Torres-Dulce has had several arguments with the Spanish Government, run by the People’s Party (PP) and chaired by Mariano Rajoy. The latest argument was about prosecuting the Catalan President and other members of the Catalan Government for the symbolic vote on independence held on 9 November. Several PP members announced the penal actions before Torres-Dulce had given the instruction to press charges. At that time, Torres-Dulce denied having been pressured by the Spanish Government, but many voices criticised the absence of a separation of powers. On top of this, the main public prosecutors in Catalonia initially rejected the criminal complaint, but Torres-Dulce – appointed by the Spanish Government – obliged them to file it. Furthermore, he has also had many arguments with the PP on account of the numerous corruption scandals being investigated.

The Catalan Government has released on Monday the definitive turnout figures of the citizen participations process of November 9, in which Catalans were able to cast their ballot until November 25. Finally, 2,344,828 people participated in this non-binding vote on independence, 2,305,290 of whom did so on November 9. After the main voting day, 7 polling stations remained opened throughout Catalonia for those who wanted to participate within the following 15 days. 80,91% of citizens voted for full independence from Spain; 10.2% voted for a Catalan State within a federal or confederated Spain; and 4.49% voted to keep the current Autonomous Community model or for the recentralization of powers. This symbolic vote was carried out despite the total opposition of the Spanish authorities, including criminal prosecution threats. In fact, Spain’s Pubic Prosecution Office, whose Director is directly appointed by the Spanish Government, has pressed criminal charges against the Catalan President, Vice President and Minister for Education for authorising and co-organising such a symbolic consultation process.

The President of the Catalan Government, Artur Mas, proposed the next steps in Catalonia’s self-determination process: early elections to the Catalan Parliament and, if a single pro-independence list get an absolute majority, negotiations to reach full independence in 18 months. Such a list should be formed by independent personalities and recognised professionals, who should commit to only run once, with traditional parties adopting a secondary role. After negotiating independence and building the new state’s basic structures, a referendum to ratify the new state’s genesis and constituent elections would be called, in which traditional parties would again be running separately. Mas said he was ready to be the front-runner or to end such a list, the latter case ruling out the possibility of his being re-elected. However, he will only call early elections if parties and civil society organisations transform them into such a ‘de facto’ referendum on independence. After years of peaceful citizen mobilisations, now “it is time for the definitive vote” and the “only” way of doing it is through early elections, he said.

The Spanish Prime Minister, Mariano Rajoy, confirmed before the Senate that he had “not given any instruction to the Public Prosecution Office” to press charges against the President of the Catalan Government, Artur Mas, for having authorised and organised November 9’s symbolic vote on independence. Rajoy was answering a question from Mas’ party, the centre-right pro-Catalan State Coalition CiU, which had accused the Spanish PM of hiding behind the courts in order to avoid giving Catalan citizens a political answer regarding their self-determination demands. Besides, the CiU Senators showed banners in which they pleaded guilty for November 9’s vote as well. In the morning, the Catalan Government announced it will ask to testify before the court and to do it “en bloc”, if the criminal complaint from the Spanish Public Prosecution Office is accepted.

On Friday, Spain’s Public Prosecution Office filed the criminal complaint against the President of the Catalan Government, Artur Mas; the Vice President, Joana Ortega; and the Education Minister, Irene Rigau. They are being prosecuted for the symbolic vote on independence that took place on November 9. Such a complaint has come with great controversy, as the Spanish Government and the People’s Party (PP) have been accused of putting pressure on the Director of the Public Prosecution Office, Eduardo Torres-Dulce, to press charges against the Catalan President. Despite the main prosecutors in Catalonia having stated there was not enough legal basis for such a complaint, Torres-Dulce announced he would press charges anyway. In response, the 6 parties that agreed to organise the original consultation vote on independence, which represent almost two thirds of the Catalan Parliament, sent a letter to Torres-Dulce and plead guilty for the organisation of November 9’s symbolic vote. 

The President of the Catalan Government, Artur Mas, reacted on Thursday to the announcement that the Director of Spain’s Public Prosecutor Office will press charges against him and 2 other members of his cabinet for having authorised November 9’s symbolic vote on independence. Mas stated that “it is disappointing and pitiful” that the Spanish authorities’ reaction to the peaceful mobilisation of 2.3 million citizens is acting “though courts and prosecutors”. Despite the judicial complaint, Mas emphasised that Catalonia “will go on” with its “intentions, in a civic-minded, calm, democratic and firm way”. Besides, the Public Prosecutor Office’s show continued on Thursday, when the main prosecutor in Barcelona Province denied the fact that Catalan prosecutors were all against pressing charges against Mas. On top of this, she will try to re-open all the cases against Mas in relation to November 9’s vote. After this statement, Catalonia’s main prosecutor organised a meeting with the 4 provincial heads in order to set shared criteria regarding this issue.

The public prosecutors based in Catalonia refused to back their Madrid-based boss regarding the complaint against the President of the Catalan Government, Artur Mas, and other members of his cabinet for authorising November 9’s symbolic vote on independence. According to them, there are not enough legal reasons for filing such a complaint, despite the pressures from Spanish nationalists to do so. The Director of Spain’s Public Prosecution Office, Eduardo Torres-Dulce – who is directly appointed by the Spanish Government – had unsuccessfully been trying to obtain the explicit support from his Catalan team. However, Torres-Dulce is likely to follow through with it anyway, after several members of the Spanish Government, the People’s Party (PP) and other Spanish nationalist parties urged him to do so. In any case, the Catalan prosecutors’ rebellion will not provoke a schism in this hierarchical institution, since on Tuesday afternoon they confirmed they will obey Torres-Dulce if he insists. The Catalan Government and political parties based in Barcelona warned that Madrid’s pressures seriously damage the separation of powers. Meanwhile, the PP accused Catalan prosecutors of being “contaminated by the atmosphere” of “radical secessionism”.

After days of controversy, the Director of Spain's Public Prosecution Office, Eduardo Torres-Dulce, suggested that a judicial complaint against the President of the Catalan Government, Artur Mas, might not be filed because the case "is already at court". The People's Party (PP), which runs the Spanish Government, had announced that the Public Prosecution Office would file a complaint against Mas and some Catalan Ministers for having authorised November 9's symbolic vote on independence. Such an announcement seriously questions the separation of powers in Spain. On top of this, several Catalonia-based prosecutors protested over the Spanish Government's pressures. Torres-Dulce, who is appointed by the Spanish Government, decided to wait and meet on Wednesday with his delegate in Catalonia. They agreed to further analyse the case and make the decision in Catalonia. Such a legal step against Mas could provoke a boomerang effect against Madrid, mobilising a wide part of Catalonia's society.

The Spanish Prime Minister, Mariano Rajoy, downplayed November 9's participatory process and he totally rejected the opportunity to negotiate the organisation of a mutually-agreed self-determination referendum for Catalonia. After 2.3 million citizens gave their opinion on independence on Sunday, on Wednesday Rajoy spoke in public for the first time and said he considered November 9's non-binding vote to be "a deep failure of the pro-independence project", as "2 out of every 3 Catalans did not bother to participate in it", dishonestly ignoring the Spanish Government's threats and obstacles and mixing up figures. Furthermore, he rejected the offer to negotiate sent by the President of the Catalan Government, Artur Mas. Rajoy strongly criticised Mas for pretending to "impose" dialogue about "an illegal defiance". In addition, the Spanish PM did not offer any political solution for Catalonia's situation, except for totally blocking any Constitutional Reform. All parties in Catalonia were extremely disappointed by Rajoy's words, except of course the PP's Catalan branch.

After the President of the Catalan Government, Artur Mas, urged the Spanish Prime Minister, Mariano Rajoy, "to sit and talk" about taking the necessary steps to allow Catalans to hold a legal independence referendum, the Spanish Government totally rejected the idea on the same day. On top of this, Spain's Public Prosecutor's Office – whose boss is appointed by the Spanish Justice Minister and directly reports to him – is about to file a judicial complaint against Mas, the Catalan Vice President and, probably, the Catalan Education Minister for November 9's citizen participation process, in which 2.3 million Catalans gave their opinion on independence through ballot boxes located in public high-schools. However, Mas pointed out that Rajoy had stated on Saturday that Catalonia's participation process "was not a referendum, nor a consultation, nor anything similar".