"I want to start this analysis with two quotes, which I think are very significant. The first is an editorial by Federalistes d'Esquerres: "The supporters of secession don’t amount to a rough 80%”. It is an accurate response to the claim of Puigdemont and Junqueras, when they stated that their objectives were supported by "an overwhelming plurality of Catalan society", which they then extended to "around 80%" ('El País', 20/2 / 2017). The second is Resolution 1,514 of the UN of 1960, which established it clearly and emphatically: "The subjection of peoples to foreign subjugation, domination and exploitation constitutes a denial of fundamental human rights, is contrary to the Charter of the United Nations and compromises the cause of world peace and cooperation. All peoples have the right to free self-determination; by virtue of this right, they freely determine their political status and freely pursue their economic, social and cultural development". There is an absolute evidence that this is not the case of Catalonia, no matter how much they continue to lie and manipulate their followers"...
The pro-independence movement, minority, unsupportive, and criminal
Text of the author's intervention in the presentation of the book 'Catalunya, mitos y resistencia' (El Viejo Topo), in Madrid City Council on January 23 of this year
"I want to start this analysis with two quotes, which I think are very significant. The first is an editorial by Federalistes d'Esquerres: "The supporters of secession don’t amount to a rough 80%”. It is an accurate response to the claim of Puigdemont and Junqueras, when they stated that their objectives were supported by "an overwhelming plurality of Catalan society", which they then extended to "around 80%" ('El País', 20/2 / 2017). The second is Resolution 1,514 of the UN of 1960, which established it clearly and emphatically: "The subjection of peoples to foreign subjugation, domination and exploitation constitutes a denial of fundamental human rights, is contrary to the Charter of theUnited Nationsand compromises the cause of world peace and cooperation. All peoples have the right to free self-determination; by virtue of this right, they freely determine their political status and freely pursue their economic, social and cultural development". There is an absolute evidence that this is not the case of Catalonia, no matter how much they continue to lie and manipulate their followers".
On the 23rd, six years ago, the first declaration of the Parliament affirmed the sovereignty of the Catalan peopleand, consequently, their right to decide their political future, as a sovereign people. Six years later, we can confirm the resounding failure of this project, regardless of its revocation, like so many similar resolutions, by the Constitutional Court. In the following analysis, we present a brief examination of the long and unsuccessful process towards the alleged secession. In the aforementioned first statement, signs of the approach and methods of the secessionist project are already evident. In it, where there is no reference to Spain and its citizens, there is a call to an indefinite dialogue with the "Spanish State". And they appeal, falsely, to the application of "existing legal frameworks" to exercise the so-called "right to decide", currently forgotten.
We cite this statement to see how, almost five years later, in 2017, the Parliament approved two laws that represented a challenging and full breakupwith the democratic principles and rules of the 1978 Constitution and its legal development. Thus, Law 19/2017 regulating the pseudo referendum of 1-O, in its art. 3.2, states: "This law establishes an exceptional legal regime" for the regulation of the referendum. And it adds that "it prevails hierarchically over all those norms that could come into conflict [with it]" as it regulates "a fundamental and inalienable right of the people of Catalonia". This norm was the first expression of the formal insurrection against the Spanish democratic State. And Law 20/2017, on Legal Transition to the Republic, contains, in the preamble, an even more serious decision: this law "will not apply the regulations of the previous legal order that contradict in a clear and frontal manner the general principlesin which the Republic is based". These specific provisions, and many more, reflected totalitarian ways of governing, ¡just when they still did not hold power!
But let's go back to the pro-secession process. On September 27, 2013, the Parliament approved Resolution 323/X, which, with unusual ingenuity, affirmed that this situation –the one still valid today under the Statute of Autonomy- "cannot be made eternal". Proclaiming already their pro-secession purpose, they even dare to raise "State structures" ... And, in a chapter on "language and culture", there is an absolute omission of any reference to Castilian, despite being "official language" of Catalonia, thus expressly excluding an immense majority of Catalan society and violating arts. 6 and 32 of the Statute of Autonomy, which prohibit any form of discrimination based on language.
It is obligatory to denounce the political leaders of the process described for the manipulation of the social reality to justify and base their purposes.
As of that year, agreements and resolutions of the tight majority of the independence movementtook place in the Parliament, which we briefly summarize and which, despite their repeated proclamations, are nothing more than the expression of a progressive and definitive failure. At the same time institutions are created, such as the Advisory Council for National Transition, which lack legal basis, thus creating structures parallel to the strictly statutory, with their corresponding economic cost. These organizations promote the necessary process for the alleged disconnection from the democratic State.
To do this, they follow a plan, with the support of ANC and Òmnium Cultural, for two perfectly defined and coordinated purposes: in the first phase, the systematic breach of the legal provisionsincluded in the Statute of Autonomy, which is completely unfulfilled and postponed; above all, two of its fundamental principles, that of "institutional loyalty" with the State, which is practically eliminated, and the suspension 'sine die' of bilateral relations with the State. That is, they are creating a kind of State parallel to the constitutional and democratic. And it is fair to raise it: this process, should not generate the violence necessary to tear down and dismantle, in Catalonia, the State of which, as an autonomous community, is part?
From these assumptions, it is worth mentioning the 'White Book of the National Transition’, which was presented by the then 'president' Mas on 9/29/2014. In this white book it is already raised "to force the negotiation with the State", not to dialogue, "and in case that this pressure by means of negotiation would not succeed (...) the only alternative left to the Generalitat (...) would be declaring the independence unilaterally". ¡We were still in 2014! Then came the 9-N consultation and the subsequent sentences for crimes of disobedience to the TC.
The entire criminal plan is contained in the document called 'Enfocats' [Focused], which predicted that the moment for independencewould come "when there is a clear civic determination to give support and to actively involve oneself, together with international involvement; it should start in a conservative way, gradually increasing the level of conflictaccording to the State's response", in addition to the decisions of the so-called Strategic Committee -organism outside the statutory provisions-, of which the main political leaders were part, and of the Parliament resolutions.
Resolution 1/XI, of 9/11/2015, of the Parliament deserves special attention, prior to the access of Puigdemont to the presidency:
First: "Reiterates that this House and the process of democratic disengagementof the Spanish State will not be subjected to the decisions of the institutions of the Spanish State ..."
Second. "The Parliament of Catalonia solemnly declares the beginning of the process of creating an independent Catalan Statein the form of a Republic."
Third. "The Parliament of Catalonia proclaims the launching of a constituent process ("not subordinated") civic, participatory, open, inclusive and active, in order to prepare the foundations of the future Catalan Constitution."
And "urges the future Government to exclusively comply with the norms or mandates emanating from this House ...", in an evident breakup with the constitutional framework.
This Resolution was followed by those of July 27 and October 6, 2016, which, directly, addressed and decided on the activation of "the disconnection route and a constituent process of its own" and the call for a referendum "by the political forces in favor of the right of self-determination". All this, directed towards the "proclamation of the Catalan Republic".
It was more than evident the, so far, alleged criminal responsibility of those responsible for this shocking and illegal process.
I do not think necessary to insist about the days, anti-democratic and ignominious, of the Parliament of 6 and 7, September 2017. If anything, just highlighting that Law 20/2017 (of legal transition)confirms an alleged model of political power based on authoritarianism, the absence of division of powers and a disguised amnesty of the pro-independence criminal convicts. The 1-O, described by the author during the previous days as an "end point", represented an open breach of a ruling by the Higher Court of Justice for Catalonia that categorically prohibited the holding of the alleged referendum; this continues to be invoked, with an unlimited capacity for fallacy, as a "democratic mandate". And, among the many causes of total nullity, it is necessary to point out that fundamental requirements of any democratic consultation were not met; in this case, those established by the Catalan Law of Popular Consultations (10/2014), such as "transparency, publicity, clarity, institutional neutrality, pluralism, equality, non-discrimination." Only to proclaim, finally, on 10/27/2017, the declaration of "an independent State in the form of a republic and the opening of a constituent process to draft the Constitution of the new State." It was the culmination of the long process that, fortunately, was the end of the adventure. After the exposed facts, it is obligatory to denounce the political leaders of the process described for their constant manipulation of the social reality to justify and to base their illicit purposes, by means of the appeal to a supposed social majority based on the figures of the demonstrations in the successive ‘Diadas’ [National Day], which is obviously false. Because they have never represented the majority of Catalan society, as it can be seen time and again through the results from several electoral processes. In addition to the manipulation that has also represented the resort to extravagant and non-viable forms of political activity, such as "the telematic investiture", another obvious failure, or the exaltation of symbols with the purpose of generating among his followers a fanatical emotion that, according to the American political scientist Edelman, is the "antithesis of a democratic politics".
I do not think necessary to insist about the days, anti-democratic and ignominious, of the Parliament of 6 and 7, September 2017. If anything, just highlighting that Law 20/2017 (of legal transition)confirms an alleged model of political power based on authoritarianism, the absence of division of powers and a disguised amnesty of the pro-independence criminal convicts. The 1-O, described by the author during the previous days as an "end point", represented an open breach of a ruling by the Higher Court of Justice for Catalonia that categorically prohibited the holding of the alleged referendum; this continues to be invoked, with an unlimited capacity for fallacy, as a "democratic mandate". And, among the many causes of total nullity, it is necessary to point out that fundamental requirements of any democratic consultation were not met; in this case, those established by the Catalan Law of Popular Consultations (10/2014), such as "transparency, publicity, clarity, institutional neutrality, pluralism, equality, non-discrimination." Only to proclaim, finally, on 10/27/2017, the declaration of "an independent State in the form of a republic and the opening of a constituent process to draft the Constitution of the new State." It was the culmination of the long process that, fortunately, was the end of the adventure. After the exposed facts, it is obligatory to denounce the political leaders of the process described for their constant manipulation of the social reality to justify and to base their illicit purposes, by means of the appeal to a supposed social majority based on the figures of the demonstrations in the successive ‘Diadas’ [National Day], which is obviously false. Because they have never represented the majority of Catalan society, as it can be seen time and again through the results from several electoral processes. In addition to the manipulation that has also represented the resort to extravagant and non-viable forms of political activity, such as "the telematic investiture", another obvious failure, or the exaltation of symbols with the purpose of generating among his followers a fanatical emotion that, according to the American political scientist Edelman, is the "antithesis of a democratic politics".
The criticisms from important higher-up officers in the Generalitat who equated the current judicial system to the "Francoist justice" will also be duly valued in the incoming oral trial.
This whole process has been associated with the realization of acts of undoubted criminal relevance, such as various forms of psychological and physical violence, which will be duly assessed in the incoming oral trial. As well as other criticisms that have exceeded the reasonable limits of freedom of expression. Among others, equating the current judicial systemwith the "Francoist Justice", or the sovereignty process with the opposition to the dictatorship. Its authors were higher-up officers of the Generalitat.
It was more than evident the, so far, alleged criminal responsibilityof those responsible for this shocking and illegal process. And, for that reason, the criminal charges and the immediate oral trial are more than justified. Impunity was and is inconceivable. ¡What a waste of energy and public funds, so that in the end, according to experts in social policies, Catalonia is "a rich region with figures of child poverty as in a poor country"!
We conclude with a very well-founded assertion. They will not get independence. It is prevented by the vast majority of Catalan citizens. And, of course, our Constitution that, among many of its successes, contains the norm that guarantees "that all Spaniards have the same rights and obligations in any part of the territory of the State." Thank you, constituents of 1978.
* Carlos Jiménez Villarejois former anti-corruption prosecutor and member of Federalistes D'Esquerres
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