Carlos Jiménez Villarejo. Federalistes de Esquerres.
Given the aggressive drift of such a magnitude and territorial scope, it is
necessary to bear in mind the position maintained by the Progressive Union of
Prosecutors towards the independence procés
The judiciary
branch, in the face of the incoming trial against
the pro-independence leaders, is living in Catalonia through the anxiety and uneasiness
generated by the brutal attacks
against the premises of courts and public prosecutors’ offices, permitted, if not clearly sponsored, by the Catalan political authorities.
How many times have they not stimulated the violent actions of the so-called committees for
the defence of the republic (CDR)? What naïveté!
A republic, in lowercase: because neither exists
nor will it exist. However, with a radically
antidemocratic activism, which should be prosecuted criminally, like the
brutal aggressions of these days; these aggressions could be considered as the
crime against the judicial power provided for in art. 508.2 of the Criminal Code,
if the impulse or support of the
politicians is credited, on whom, ultimately, they depend. This, of course, would
not be so difficult. It is enough to remember the words of the 'vicari'
Torra to the CDRs: "Push, you do well in pressing". It is
as much intolerable the throwing of excrements against the Prosecutor's
Office and the courts, and the graffiti 'Spanish Justice reeks of fascist shit'
(in Catalan), as it is the silence of
the Govern and, especially, of the Minister of Justice, Ester Capella, who,
thanks to her silence, is completely delegitimized for the exercise of her
position.
Given the aggressive drift of such a magnitude and
territorial scope, it is necessary to keep in mind, today more than ever, the
position held by the Progressive Union
of Prosecutors towards the independence procés. Position that they already expressed against the
ignominious and antidemocratic parliamentary sessions of 6 and 7 September, 2017:
"Thus, the Spanish Constitution is clearly violated, approved by the immense
majority of the citizens of Spain and also of Catalonia. They also infringed
the provisions of the Statute of
Catalonia. Nor do they conform to the terms and
recommendations of the Venice Commission of the
Council of Europe, nor do they have any protection under any international
treaty or in the UN resolutions on the right of self-determination, applicable to
certain situations completely different from the one existing in Catalonia and
the rest of Spain".
Position more than justified and necessary, when
the then leader and now accused Jordi Turull —cited in the
sentence of the pillaging of the Palau de la Música— dared to say defiantly, faced with the call of
1-O: "We will vote and win! The state has the sewers, the TC and the
prosecutors". He was one of those who wanted to govern Catalonia! But the aggressive pro-independence speech
comes from far back. The member of Parliament from the CUP Benet Salellas said that "legality is to be surpassed, and
the disobedience must be massive". And the Catalan
National Assembly demanded "unlimited camping", "passive resistance", "fiscal
insubordination", "occupation of infrastructures" or "the
protection of television and public radio stations if there is a cut in
communications".
However, more recently, the progressive
prosecutors have again pronounced, in a letter addressed to the French
judiciary power, on the not only illegal but also criminal character of the procés that justifies the criminal trial
that will soon begin. They state that "the investigated facts are as relevant
and transcendental as an institutional rebellion against the Constitution and
the rest of the legal system”; this rebellion became a reality "in
September of 2017, [when] they decided to pass several
laws in the Catalan Parliament, even against the legal opinion of the lawyers
of that same Parliament; the ultimate goal of these laws was the creation of a state independent of
the Spanish territory; and the means to achieve it included the unilateral segregation,
through the call of a referendum, a competence not allowed by the Constitution to
any autonomous community; this competence was usurped by them through the Law
19/2017 of September 6, on the referendum of self-determination, whose article
4 provided that the result of the referendum would be binding, as well as that,
if in the recount of votes there would be more votes in favor than against, then
the result would automatically imply the independence
of Catalonia”.
And they state, with determination, that "the pro-independence
leaders who are subjected to a trial in Spain repeatedly disobeyed the orders of the Constitutional Court, called a banned and
illegal referendum,
and without any legal, juridical
or even social basis at all. And for this, they used all the administrative
apparatus for which they were responsible, and omitted all previous warnings from their own lawyers, from the
Spanish Executive, from the ordinary courts or from the constitutional court
itself”. And they reiterate: "The accused persons subverted the
constitutional order, they invented roads outside the law or the constitution,
they transgressed consciously, continuously and intentionally the legal order
to dismember the State, to separate from Spain".
And they add, as an expression of the annulment of
the democratic principle of division of
powers that has always presided over their performance: "If we analyze
the acts of the people subjected to the Spanish trial, we see that these
champions of democracy are asking the president of the Spanish Government to
change the structure of the state, right away, immediately and personally, as
if in a modern state the sole will of the chief of the Executive could modify
the territorial integrity, the form of government and the structure of the
nation. They are asking the chief of the Executive to tell the judges to stop
persecuting those who proclaimed the
Catalan republic, as if in a modern state the executive power could give commands to the
judiciary power. They are asking the chief of the Executive that the
Prosecutor's Office should not prosecute the defendants, in a country like ours
in which the Government's relationship with the General Public Prosecutor ends
at the very moment she is appointed".
These are, in summary, the facts. How could they claim that these facts
lacked criminal consequences? Yes; they were set out to nothing more and
nothing less than "an illegal target that [represented] splitting in two
the political reality and the coexistence of a whole country."
This was confirmed by the last statements of the
current 'vicar' of Catalonia on Septiember,
5:: "We will not accept any sentence other than the definitive closure of
an unjust cause, and this I want to say with all solemnity and with all determination".
Of course, with the same determination which he applies to prove his ineptitude
and ignorance.
And the progressive prosecutors conclude: "Spanish
judges do not do politics; they investigate and, if this be the case, then they
will judge facts that have already happened; and they are not responsible for
the acts committed by others, nor can they protect the offender of the law”.
* Carlos Jiménez Villarejo. Federalistes de Esquerres.
0 comentarios:
Post a Comment