public prosecutor

The President of the Catalan Government, Artur Mas, assessed November 9's participatory process, when 81% of the 2.3 million participants voted for independence, despite the Spanish Government's obstacles and threats. On Tuesday, Mas asked the Spanish Prime Minister, Mariano Rajoy, to stop ignoring reality and start negotiating a mutually-agreed referendum on independence, like that in Scotland and Quebec. Taking into account Rajoy's attitude for the last 2 years, Mas was said to be "quite sceptical" but highlighted that Catalan representatives have always wanted a mutually-agreed vote, which is "the best" option. Mas also announced he was starting a round of talks with pro-self-determination parties – including the Socialists (PSC) – "to listen to everybody" about organising plebiscitary elections. In fact, he warned Rajoy that plebiscitary elections on independence can be called if he continues to refuse to negotiate. Besides, Mas confirmed that on Saturday that the Catalan Government's website had suffered a cyber-attack on a gigantic-scale, which was "organised by professionals".

On November 9, the Spanish Government has once again downplayed the participatory process on independence held in Catalonia. And it did so on the day it took place and just when it finished, after more than 2 million people had peacefully cast their ballot in a non-binding citizen participation process that was organised as a light alternative of the original consultation vote, that had been banned by the Spanish authorities. On Sunday evening, after the polls had closed, the Spanish Justice Minister, Rafael Català, defined the vote as "a useless and sterile simulation" and "a pure act of propaganda", which does not have any democratic validity. In addition, the process was an attempt "to hide the personal failure" of the President of the Catalan Government, Artur Mas, "for not having been able to organise the illegal consultation vote announced in December 2013", which was blocked by the Spanish Executive. In addition, he recalled that the Public Prosecution Office is "gathering data" in order to launch "the required penal actions".

The citizen participation process on independence has kicked off at 9am on November 9 despite the temporary suspension of the Constitutional Court. Finally, the 1,317 voting centres hosting 6,695 polling stations have opened their doors without major incidents, as has been confirmed by the Catalan Government. Long queues of voters were waiting to cast their ballot in a festive atmosphere from early morning. The vote is being run by 40,930 volunteers, but the Catalan Executive is actively behind the process. During the day it will offer turnout figures and it should announce the results on Monday. The ballot boxes are located in high-schools run by the Catalan Government or in municipal centres in small towns and villages. A delegation of international observers is monitoring the process. Several Spanish nationalist parties and organisations have filed judicial complaints asking for the vote to be stopped and members of the Catalan Government to be arrested. In addition, the Public Prosecutor Office – obeying the Spanish Government –asked the Catalan Police to identify the volunteers opening the voting centres, but the Catalan Government refused to do so as they had authorised volunteers to access public venues.

On Thursday, Oleguer Pujol, the youngest son of the former Catalan President, Jordi Pujol Soley, was formally indicted for alleged fiscal fraud and money laundering. The Spanish Police and the Public Prosecutor searched his house and several of his companies looking for files regarding real estate operations. This makes Oleguer the third son of the historical leader of conservative Catalan nationalism to be indicted for fiscal offenses. Furthermore, on Wednesday another judge indicted 11 people related to the former President's oldest son, Jordi Pujol Ferrusola – who seems to be at the centre of almost all the investigations. In addition, the judge has requested the freezing of his bank accounts in Andorra, from which he transferred €2.4 million to Mexico just after his father's fiscal fraud confession in July. On top of this, a judge from Liechtenstein is investigating the former Catalan President for alleged money laundering, after requests from the Spanish Police. Jordi Pujol senior has denied having had any bank account in the Alpine country.

Comparing Catalonia's self-determination process with the Nazi regime has become one of the arguments the Spanish nationalists have used over the last two years, repeated in extreme-right television stations and even at the Spanish Parliament. Such an offensive comparison outrages most of Catalan society, for its total unfairness in describing a democratic process and for trivialising Nazism and the suffering of its victims. Now, the issue has reached the European Parliament, where the Spanish nationalist party UPyD sent a letter to all 751 MEPs comparing the situation in Catalonia with that of "Italy and Germany in the 1920s and 1930s". The CDU MEP Ingeborg Grässle was outraged by the letter and urged UPyD "to at least apologise". "Any politician in Germany would have immediately resigned", she added. Besides, civil society organisations in Barcelona have filed a complaint to the Public Prosecutor Office against dozens of calumnies against self-determination process and its comparison to Nazism.

The Spanish Government "cannot change its stance", stated Spanish Deputy PM on the day after Catalonia's independence supporters peacefully formed a colossal rally for the 3^rd consecutive year. Furthermore, the Director of Spain's Public Prosecution Office – appointed by the Spanish Government – threatened the Catalan President with "penal" actions if he carries on once the vote has been formally banned. The day before, 1.8 million people formed an 11km-long Catalan flag mosaic demanding to vote on the 9^th of November. "Citizens have the right to demonstrate but governments have an obligation to honour the law", stated the Deputy PM. Using a restrictive interpretation of the Constitution, Madrid has been insisting that it is "illegal" to hold such a vote. Besides, the European Commission refused to provide specific comments on the massive demonstration of European citizens, repeating it is "an internal issue".

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.