Tuesday, March 12, 2019

The Electoral Board requires Torra to remove yellow ribbons and Catalan pro-independence banners from public buildings The board considers "legitimate" that the parties use these symbols, but not the institutions

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Anabel Díez
Madrid 12 MAR 2019 - 12:13 CET

The Central Electoral Board (JEC) on Monday required the president of the Government of Catalonia, Quim Torra, to order within 48 hours the immediate withdrawal of pro-independence flags and yellow ribbons that can be found in any public building dependent of the Govern.

According to the JEC, both symbols can be "legitimately used by the political parties in their electoral propaganda but not by the public powers since they must maintain a rigorous political neutrality". In a meeting of more than six hours, the magistrates and professors who make up the Board, highlighted that "the yellow ribbon and the pro-independence flag are partisan symbols used by electoral groups participating in the elections". By way of description they notice that "the yellow ribbon has been used to remind of leaders or candidates belonging to political parties that are in a situation of preventive detention".

In the interests of equality of suffrage, "the law entrusts the electoral administration with preserving it and prohibits the public powers -which are at the service of all citizens- from taking sides in elections". To which it should be added that the ideological and expression freedoms are fundamental rights of the people, not of the rulers, so that citizens can exercise them without any restrictions other than those imposed by respect for the rights of others", the resolution argues. The Generalitat may now appeal this decision by filing a contentious-administrative appeal before the Third Chamber of the Supreme Court within two months from the date of its notification.

Citizens on Wednesday gave a deadline of one day to the Government to withdraw the yellow bows because they consider that the presence of these symbols violated the principle of institutional neutrality in the election period. Alfred Bosch, Minister of Foreign Affairs of the Generalitat, replied that they would not do it and argued that the exhibition of ribbons and banners is covered by the fundamental right to freedom of expression. One day later, the group of Inés Arrimadas filed a complaint with the Central Electoral Board.

This decision is not the first time to be adopted. In the last Catalan elections, in December 2017, the electoral board of Barcelona already adopted the same measure and forced several municipalities of the province to remove yellow ribbons from their buildings and to remove banners, which contained slogans such as "Freedom to political prisoners".

Before, there was also a pronouncement on the placement of pro-independence banners. The Supreme Court said in 2016 that it is a "partisan" banner that represents only "a part of the Catalan citizens represented by part of the political parties". And, therefore, the magistrates concluded that their exhibition in public buildings violates the requirement of "neutrality" of these, especially in the electoral period.

"Citizens have done what Sanchez's government does not do: to denounce the seizure of public spaces by nationalism before the Electoral Board". Torra maintains the separatist propaganda in the buildings while Sánchez looks the other way round. The JEC has supported our position”, "Inés Arrimadas, leader of Citizens in Catalonia, celebrated this Monday after knowing about the decision.


https://elpais.com/politica/2019/03/11/actualidad/1552330301_965901.html
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