Monday, February 11, 2019

EnfoCATs: read the document that left Junqueras in prison The judge of the Supreme Court sees in this text indications of the existence of a "strategic committee" that drove the 'procés'


EL PERIÓDICO
05/12/2017


 

The main argument of the Supreme Court judge Pablo Llarena to keep Oriol Junqueras in custody is in a document called #EnfoCATs, seized during a search ordered by the Court of Instruction number 13 of Barcelona. According to Llarena, this text provides indications of the existence of a "strategic committee" that played a "defining" role in how to carry out the actions of the 'procés', as well as the "violence and tumults" that constitute the essence of the crimes investigated.

In #EnfoCATs it is detailed that the citizenship should be involved in an active way "increasing the level of conflict according to the response of the State, but always under the leadership (...) of all the actors involved".

The judge considers that both Junqueras and the rest of those still imprisoned --Joaquim Forn, Jordi Sànchez and Jordi Cuixart-- were part of this "strategic committee" that should guide and direct the implementation of the plan, aligning all the actors involved and by mobilizing the necessary human and financial resources.

Four fundamental elements

At this point, the judge details four elements contained in this document: "social manipulation" - categorizing Catalans according to their ideological positioning - effective control of institutions, the need to work on international credibility and redeployment of regional structures - -Mossos, Center for Telecommunications and Information Technology (CTTI), Treasury, Social Protection Agency).

In the case of the four investigated in prison, the judge said that they led the mobilizations "that put at risk the violent social explosion (...) these defendants even come to intervene in its material execution", as it considers that is the case of Sánchez and Cuixart.

DOCUMENT
ENGLISH


ESPAÑOL



FRANÇAIS


DEUTSCH


https://www.elperiodico.com/es/politica/20171205/enfocats-documento-junqueras-prision-6475171
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A chronology of the Procés. 36 years of impunity in Catalonia


A chronology of the Procés: 40 years of impunity of Catalan elite

The order alters the product of historical events. This chronology selects facts, not their order, under the thesis that, once again, the Catalan elite fired identitarianism with the aim of staying in power until the crisis of 2008 happened.

1978-12 Referendum of the Spanish Constitution. 68% participation in Catalonia, Yes: 88.5%
1979-10 Referendum on the Statute of Autonomy of Catalonia: 60% participation, Yes: 88.1%.
1980-09 Jordi Pujol rejects an economic concert similar to Basque in Catalonia.
1981-03 Pujol won the power with the votes of ERC in favor, but with the father's advice against him ("do not get in politics, Jordi").
1984-05 The National Court (Jiménez-Villarejo) processes the complaint against the Board of Directors of Banca Catalana, including its executive vice president, Jordi Pujol i Soley.


 


Pujol receives the support of thousands of protesters when being charged by the case

Banca Catalana: "Do not play with Catalonia".

He was soon dismissed.


05-05-05 Pujol is re-elected President by CiU, ERC and AP MPs. From the balcony of the Generalitat, he denounces the complaint as an attack to Catalonia: "When we speak of morality and clean play, we can talk to ourselves, not them!", "One does not play with Catalonia." 300,000 Catalans call "Felipe and Guerra attack our land." Opponents of the PSC are screamed and threatened (Botiflers !, kill them !, says LV).
1986 The Audiencia de Barcelona absolves Pujol.
1989 ERC, who has just achieved its worst election results (8%), is declared for the first time a pro-independence party.
1990 The Government of Pujol approves the Catalonia 2000 Plan to socialize nationalism. The Government of Pujol approves the Catalonia 2000 Plan for the "infiltration of nationalism". "Catalanization of teaching programs", "approval of [educational] programs for people of trust". "Catalanizing sporting and recreational activities". "To introduce nationalist people to all the key positions of the media". He received a minimal popular or media opposition.

2002 An anonymous note sent to the Treasury denounces the diversion of funds to the Palau de la Música. Mossos is notified but no action is taken.

2003-12 CiU loses the government at the hands of the Tripartite. Ferrusola describes it as if they had forced their home.

2004-03 Attacks of 11M in Madrid and change of presidency of Aznar to Zapatero.

2005-02 President Maragall accused CiU in his parliamentary office of charging illegal commissions of 3% for public project awards. The Catalan press does not investigate. But Mas is publicly threatening of not doing what they will finally do:

2005 Writing the new Statute for a parliamentary committee and approved in Parliament by Tripartite + CiU.
2006-01-21 Statute agreed between Zapatero and the leader of the Catalan opposition, Artur Mas.
2006-05-10 Statute approved in the Senate (votes against PP and ERC).
2006-06-18 Approved in referendum with 49% participation and 74% of the votes.

2008-02 The list of Liechtenstein evaders is filtered.
2008-09 The financial crisis explodes in the US, the fall of Lehman-Brothers.
2009 The real estate crisis explodes in Spain.

2009 Detention for the Pretoria case of Macià Alavedra and Lluís Prenafeta.
2009-02 Falciani collaborates with European countries with HSBC's list of evaders while extending awareness of ending tax havens.
2009-02 Garzón (National Court) investigates the Gürtel Case. First detainees.
2009-03 The unemployment rate has doubled in the first year of crisis, in Catalonia and in Spain.

2009-06 Judicial complaint against Fèlix Millet for the Palau de la Música case, which will end up closing the CDC headquarters. The independent drift of CDC has not yet started.

2009-09 J.M. Ximenis (from CUP known for opinions like "the Spanish mentality takes in their genes to be a sentinel") convenes a independentist consultation in Arenys de Munt (at the proposal of J.M. Ximenis, CUP).
2010-06 TC ruling cutting the new Statute. Great demonstration against this cutting in Barcelona.
2010-07 The conversation is recorded in the restaurant La Camarga between the former of J. Pujol jr. and Sanchez-Camacho.
2010-09 The Lagarde d'Evasors list is sent from France to Greece.
2010-11 Revealed accounts evaded by Artur Mas (father) in Liechtenstein.
2010-12 Artur Mas is invested president.
2011-03 Judge Alaya opens the ERE case in Seville.












In 2011 Turull (CDC) accused the 15M of coup d'état
and to play with fire. Carod-Rovira (ERC) demanded that the
Catalans of 15M "manifest, indignate, piss, paint,
write and insult, where it correspond: in their country. "

2012-04 Zapatero refuses to appear for re-election.
2011-05-11 15M movement explodes against corruption. ERC attacks this left-wing movement frontally, as does the rest of nationalism [1] [2] [3].
2011-05-27 Concentration in Plaza Catalunya repressed with more police charges for the Mossos d'Esquadra.

06-06-2011 The multinational Catalan game Cirsa donates € 900,000 to CDC (now PDECat), just 3% of the benefit of a contract covered by the Generalitat.
2011-06-09 PP supports the 2011 Artur Mas budgets.
2011-06-17 Siege of Parliament by the outraged 15M. More police charges. The Mas government accesses the Parliament by helicopter.
2011-09 An order from Court number 9 in Barcelona sees rational indications of involvement of Jordi Pujol son to the ITV case














Mas has defended his treasurer Osácar, manager
from the golden age of the alleged commissions of 3 and 4%.

2011-09-11 The 11th September Catalan day only brings together 8,000 independentists in Arc de Triomf.
2011-09-25 Two meetings of the Dome of CDC and the Pujol family plan a separatist drift.
2012-02-14 PP supports the 2012 Artur Mas budgets.
09-03-2012 Pujol is converted into indepentism and begins to give interviews everywhere.
2012-03-24 CDC defends independence for the first time in its congress.
2012-03 The ANC is constituted.
2012-04-12 CiU supports the laws of anti-social damages of Rajoy, although the PP already has an absolute majority.
2012-07 The investigation of the ITV case, which points to Oriol Pujol, is going through the media.
2012-07 Embargo of the CDC headquarters in relation to the Palau case. ERC avoids making Mas appear in Parliament. Mas supports independence.
2012-09 Meeting between Generalitat, CCMA and TV3 to promote an independentist day.
2012-09-11 Day with record rally in Barcelona, ​​with CiU convening for independence. More than half a million protesters. Secessionism becomes the main stream. On the 20th, Mas declared publicly in favor of independence.
2012-10 The Lagarde d'Evasors list is published in Greece.
2012-11-25 Early elections in Catalonia: CiU loses 12 seats in favor of ERC. Both make a pact for a rupture program.

2012-11-23 Filtered report of the UDEF involving the Pujol in tax evasion.

2012-12-21 Artur Mas is re-elected president with the votes of ERC.

2013-01 Publication of the conversation of La Camarga. Ex-partner of Pujol jr. start talking.

2013-01 Cas Bárcenas (illegal financing of the PP) opened by El Mundo.
2013-02 The unemployment rate reaches the highest in Catalonia.

2013-02 The Generalitat creates the advisory board of the process: CATN.
2013-09 Day with a human chain of 300-500 thousand people asking for a referendum on independence.

2013-12 Mas convokes query on independence for 9-N, which is illegalized by the Constitutional Court.

07/07/2014 The World publishes the income of the Pujol family to the Private Bank of Andorra.

2014-07-25 Pujol father admits having evaded millions to tax havens. Commotion to the nationalism that still remained negationist.


Marta Ferrussola withdrew the black money
presumably the fruit of illegal commissions and
accumulated in Andorra and quote the thousands
of euros as "missals".

2014-09-11 Independence inquiry. Participation: 37.0%; Yes-Yes: 80.8%
2015 The councilor M. Gassull in Torredembarra must leave ERC when opening the case 3%. "Well, obviously, Oriol Junqueres knew about it. I went with him to an act in Tarragona."
2016-01-12 Puigdemont becomes president with the votes of ERC + CiU + CUP. The Junts-pel-Sí government announces express independence in 18 months.
2017-03-08 Millet and Montull declare before the judge about the Cas Palau, inculcating CDC treasurer Daniel Osàcar to charge commissions to companies in exchange for the award of public works.
2017-03 JxS + CUP change the rules of the Parliament to change the agenda without going through the transitory law without debate.
2017-08-16 An explosion in Alcanar kills an imam and another Moroccan citizen who had had previous contacts with Mossos and the Guardia Civil. They misinterpret it as a gas accident instead of explosives. The terrorist cell flees.
2017-08-17 A triple djihadist terrorist attack on Las Ramblas, Esplugues and Cambrils causes 21 dead, including 5 attackers. Trapero Police chief and Minister Forn accused the director of El Periódico "of writing to dictation" for having published a warning from the US secret services to the Mossos that warned of the danger of attack on the Ramblas.


2017-08-26 The demonstration of popular condemnation is used by the ANC as a pro-independence act.
2017-09-06 In Parliament, JxS + CUP violate the Statute and the regulations of the Parliament to approve the transitory law and the "referendum", preventing the opinion of the Council of Statutory Guarantees. The de facto repeal of the Constitution and the Statute and the disconnection of the State were approved during a change in the agenda, with 52% of parliamentarians representing 48% of Catalans.
 
2017-09-20 The presidents of ANC and Òmnium organize a siege at the Ministry of Economy, where a judicial secretary and members of the Civil Guard, who investigated the organization of the illegal referendum, are trapped for 6 hours. The Mossos do not intervene until late at night.




The presidents of ANC and Òmnium during the
siege at the Ministry of Economy
2017-09-25 The Mossos d'Esquadra confirm that they will enforce the law and the Constitution and will refrain the referendum.
2017-09-27 Wikileaks, Assange and the Russian media networks become the main international speaker of the Process, collaborating in the dissemination of fakenews.
2017-10-01 The government conducts the consultation disobeying the Constitutional T. Intervention on the Internet and charges of the Civil Guard try to prevent it. The Mossos do not intervene. The Process achieves international media impact thanks to evictions and charges to seize the ballot boxes.
2017-10-08 First great demonstrations against the process and the unity of Spain, in Barcelona.











2017-10-10 President Puigdemont, in Parliament, makes an ambiguous declaration of independence and annuls it minutes later. Two weeks of institutional discussion, begin to epistle about its meaning.












October 10 Independence lasted 40 seconds,
far behind the 8 hours
Lluís Companys kept it before being jailed by
his DUI in 1934.

2017-10-16 The presidents of the ANC and Òmnium Cultural are imprisoned by the National Hearing to see danger of recidivism in the presumed crime of sedition in directing the events of September 20.
2017-10-23 Puigdemont does not clarify whether or not there was a declaration. The Government of the State announces for the 27th vote the Senate vote on article 155 for assuming powers of the Generalitat.

2017-10-25 Banco Sabadell, CaixaBank and thousands of companies move their headquarters to other places in Spain.

2017-10-26 Puigdemont tries to summon elections, but gives way the pressure of the most radical sectors and retracts.


2017-10-26 Judge Lamela intercepts a group of Mossos with 30,000 documents in the incinerator of Sant Adrià. Spying on protesters opposed to independence.

2017-10-27 Parliament meets and votes on a DUI simulacrum (Unilateral Declaration of Independence). There are no celebrations out of some gathered at Pça Sant Jaume. The Senate meets and allows to activate article 155, giving the Government full control over the Generalitat. Rajoy immediately dismisses Puigdemont and the councilors and calls for elections on 21-D.

2017-10-29 There is still no celebration (neither institutional nor spontaneous) of the "birth of the new state of Europe".
















October 27 This second independence
lasted 45 minutes, the time it passed
between the vote in Parliament and the vote for
allowing the activation of article 155, to the Senate.
The faces of Puigdemont and Junqueras exactly
four seconds after the exciting approval
of the declaration of independence.

2017-10-30 Puigdemont flees to Brussels with 5 advisers.
2017-11-02 The rest of the government is imprisoned preventively by the National Court for the risk of recidivism in the possible crimes of embezzlement of funds, sedition and rebellion.
2017-11-03 Intersindical-CSC, a minority independentist union, convenes a general strike "against cuts" that collapse with pickets the transport sector of a good part of Catalonia despite little follow-up.
2017-12 Clients withdraw 31.4 million euros of their deposits from the Catalan banking offices.
2017-11-09 Assange meeting, Oriol Soler and Andreu Grinyó in London.
2017-12-21 Ciudadanos win the elections in Parliament (the first time a non-nationalist party does so). 79% participation (only under 1982). Independence loses 2 seats but maintains an absolute majority with only 47.5% of the votes. The left is very punished.














Tabarnia and the results of the 2015 elections.


2017-12-23 A Catalan satirical region called Tabarnia and formed by the zones with a majority unionist vote is viralised. Imitating the separatist scheme, the Tabarnians want to become independent from Catalonia to stay in Spain.
2018-03-22 The judge sent 4 other advisers to preventive jail, including Forn, and the former president of the Parliament, Forcadell, accused of embezzlement of public funds and rebellion. Marta Rovira and Anna Gabriel do not appear to declare at the court and flee to Switzerland. Protests and charges of the Mossos.
2018-05-31 The Congress ends the presidency of Rajoy in motion of censorship and makes president Pedro Sanchez.
2018-06-09 Ponsatí excounselor, fleeing to Edinburgh, admits that "everyone knows we were playing poker and 'bluff'." Apparently, however, not everyone knew that because the bases of sovereignty entered into an unprecedented crisis and division as a result of the deception.













New Government of Torra and New Government of Sánchez

2018-06-14 Parliament invested the president Quim Torra i Pla, a recent author of supremacist writings and a xenophobe who receive international praise for qualifying those Catalans who "bribe them all that is not Spanish and in Spanish" as " "carrion" beasts that "gurgle disrupted and nauseating hate" and suffer "bumps in their DNA."

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Who is who in the trial of the 'procés'? The judges and lawyers, one by one


Ángeles Vázquez / J. G. Albalat


Seven judges - six men and one woman – are members of the Court which will judge the 12 leaders of the 'procés'. Everyone knows what they have in hand, because none have less than 30 years of experience, as magistrates or as prosecutors.


The court: from left to right and from top to bottom, Manuel Marchena, Antonio del Moral, Luciano Varela, Juan Ramón Berdugo, Andrés Palomo, Ana Ferrer and Andrés Martínez Arrieta.
 THE COURT

THE ACCUSATIONS
-
La fiscalía
-
La Abogacía del Estado
-
La acusación popular: Vox


THE COURT
Manuel Marchena
He is the president of the Court and will be responsible for drafting the sentence. He is a public prosecutor through public examination. He considers himself conservative, although his first promotions in the fiscal career came from the hand of the PSOE. He has been about to preside over the Supreme Court at the proposal of the PP, but a whatsaap of the spokesman of this party, Ignacio Cosidó, boasting of his appointment led him to resign.

Marchena arrived at the Criminal Chamber of the Supreme Court in 2007 and has presided over it since 2014. He was the investigating judge in the case for the alleged payments from Banco Santander to the ex-judge Baltasar Garzón that was filed, and participated in the trial in which this ex-judge was sentenced to 11 years of disqualification for the illegal phone taps in the plot 'Gürtel'. He has been a reporting judge in numerous resolutions, such as the one that condemned rapper César Strawberry, where the limits of freedom of expression in the face of terrorism were set up. He also presided over the court that sentenced the former Catalan minister Francesc Homs for the 9-N referendum.

Andrés Martínez Arrieta
He was for a few days the president of the court that was going to judge the 'procés' because he was the oldest magistrate of those who are members of the Second Chamber, where he arrived in 1998, after having been the youngest member ever in the General Council of the Judicial Power. He is one of the founders of the moderate association ‘Francisco de Vitoria’ and was reporting judge of the sentence that acquitted Baltasar Garzón in the case of the crimes of the Franco regime.

Antonio del Moral
Public prosecutor through public examination, he served in the Supreme Court between 1999 and 2012, when he was appointed as one of its magistrates. Among other resolutions he has been reporting judge in the case where Iñaki Urdangarin was condemned for the 'case Nóos', as well as in the case in which the disqualification of former president Artur Mas by the 9-N referendum was reduced. His incorporation to the court of the 'procés' was due to a replacement of the ex-attorney general of the State Julián Sánchez Melgar, who upon his return to the Supreme Court had to resign from the case.

Juan Ramón Berdugo
Magistrate of the Supreme Court since 2004, he has been reporting judge of the sentence that reviewed the conviction in the case Rocío Wanninkhof, as well as the sentence which confirmed the acquittal of the former president of the Valencian Government Francisco Camps in the case of the ‘suits’. He was also member of the Chamber that established the 'Botín doctrine' and the 'Parot doctrine', which was later annulled by the ECHR. Recently he has been one of the four magistrates who issued a particular vote to the sentence that established that any aggression of a man to his partner or ex-partner must be considered macho violence.

Luciano Varela
Founder of the progressive association ‘Judges for Democracy’, he participated in the drafting of the Act of the Jury of 1994. He came to the Supreme Court in 2007 and was responsible for the investigation of the case against ex-judge Garzón for his investigation of the crimes of Franco. Among the trials of which he has been a reporting judge stands out the one that confirmed the four years of imprisonment to the former president of the Diputación de Castellón, Carlos Fabra.

Ana Ferrer
Investigating judge of the 'Roldán case' that ended with the conviction of the former Director General of the Civil Guard, she was the first woman to preside over the Provincial Court of Madrid and, in 2014, was the first to access to the Criminal Chamber of the Supreme Court. Both she and Andrés Palomo have been the last magistrates to join the court of the 'procés'. This was due to the decision of the Supreme Court by which the Court would be composed of seven judges and not five, given the relevance of the matter to be discussed.

Andrés Palomo
Appointed to the Supreme Court at the same time as Ferrer, he had been president of the Audiencia de Segovia. He is not a member in any judicial association. He was the instructor of the case that was followed against the former Catalan minister Francesc Homs, for which he was sentenced to 13 months of disqualification. Among the sentences in which he was reporting judge it is to be highlighted the one that annulled, due to lack of evidence, the sentence to 119 years in jail of the ETA member Itziar Alberdi Uranga, who escaped from Spain for 22 years, as well as the one that revoked for the first time a sentence to reviewable permanent prison.

THE ACCUSATIONS
















The accusations: Consuelo Madrigal, Javier Moreno, Fidel Cadena, Javier Zaragoza, Rosa María Seoane and Javier Ortega Smith.


The public prosecution

The four Supreme Court prosecutors who will represent the public prosecutor in the trial have extensive experience. The four belong to the highest category in the prosecutors’ career. They are Fidel Cadena, Jaime Moreno, who was also the prosecutor of the trial against Francesc Homs; Javier Zaragoza, former chief prosecutor of the National High Court, and Consuelo Madrigal, ex-attorney general of the State.

The State Attorney

Edmundo Bal was replaced as State Attorney Chief of Criminal branch by Rosa María Seoane, after the former was removed from the cause of the procés for being in favor of accusing for rebellion instead of sedition, the criminal charge finally proposed by the Legal Services of the State. The Legal Services of the State will be represented in the trial by her and by Elena Sáenz.

The popular accusation: Vox

The party of Santiago Abascal has exercised popular accusation ever since the inquiry in the Supreme Court began. The lawyers present in the case also have high positions of responsibility in the Vox party: Javier Ortega Smith is the general secretary of Vox and Pedro Fernández, national vice-secretary of that political group.

THE DEFENSES














 

The defenders: Andreu van den Eynde, Jordi Pina, Josep Riba, Javier Melero, Pau Molins, Marina Roig, Mariano Bergés and Olga Arderiu.

Jordi Pina

Lawyer of Jordi Sànchez, Jordi Turull, Josep Rull. 33 years of professional practice. He defended former Catalan minister Irene Rigau in the 9-N trial. Vice-Dean of the Col·legi de l'Advocacia de Barcelona, ​​he was the lawyer of Jordi Montull in the trial for the looting of the Palau de la Música and he is also present in the 'case 3%'. He likes to organize excursions to exotic countries and pick mushrooms. It is an inveterate 'culé' [supporter of Barça].

Andreu van den Eynde

Lawyer of Oriol Junqueras and Raül Romeva. He has represented human rights entities, such as SOS Racisme. He was in charge of the defense of the victims of the fatal run over of a train in Castelldefels during the festival of San Juan in 2010. Linked to ERC since he made the 'compilation' to prevent the party from committing any crime. He is guitarist of the band of 'thrash metal' Vientos de Poder.

Olga Arderiu
Lawyer of Carme Forcadell. Specialist in criminal and penitentiary law. Member of the Board of the Col • legi de l'Advocacia de Barcelona. She has participated in the Women's Group of the Municipal Council of Social Welfare of the Barcelona City Council and is a member of the Associació de Dones Emprenedores. She is the lawyer of one of the main persons involved in the '3% case'. Among her hobbies are sports and photography.

Javier Melero

Lawyer of Joaquim Forn. He was the lawyer of Artur Mas in the trial for the 9-N. He has been in the main judicial cases of the last years since he is the habitual lawyer of Convergència. He defended Oriol Pujol in the 'ITV case' and the former treasurer of the party in the 'Palau case', as well as in the '3% case'. A great boxing fan, he was present in the meetings that ended in the birth of ‘Ciudadanos’, although he does not consider himself a founder of this party.

Marina Roig

Lawyer of Jordi Cuixart. President of the Criminal Law Section of the Col • legi de l'Advocacia de Barcelona. Diploma in Criminology. She has studied specializations in criminal law for minors, penitentiary and sexist violence. Among her hobbies are reading and dancing.

Mariano Bergés

Lawyer of Dolors Bassa. Coworker of Marina Roig. Throughout his professional career he has assumed the defense of private interests and of large companies and multinationals. Associate Professor at the Law School of the University of Barcelona.

Pau Molins

Lawyer of Santi Vila. One of the most reputable criminal lawyers in Barcelona, ​​defender of Félix Millet and Infanta Cristina in the 'Nóos case'. His family has one of the companies with the most links with the Catalan bourgeoisie, Cementos Molins. He is the lawyer of former Barça president Sandro Rosell. Vocalist of the musical group Porfinviernes. The lawyer Joan Segarra will accompany him in the trial of the Supreme Court.
Josep Riba

Lawyer of Carles Mundó. Associate of Fermín Morales, he has been present in numerous media cases, such as the defense of socialist ex-counsellors of the City of Santa Coloma de Gramenet in the 'case Pretoria' and the representation of the footballer Samuel Etoo. He was in charge of the accusation for the death of an assailant in the home of the jewelers Tous. He plays classical piano.

Judit Gené

Lawyer of Meritxell Borras. Associate of Javier Melero, with more than 20 years of practice as a lawyer, always in the specialty of criminal law. She was born in Torà (Segarra). Supporter of Barça. Her two daughters and her profession occupy almost all her time.

 https://www.elperiodico.com/es/politica/20190211/juicio-proces-jueces-abogados-7297610

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