The former president of the Generalitat Carles Puigdemont has not only made a move this Thursday in the political sphere, with the agreement of his party, Junts, with the PSOE to facilitate the investiture of Pedro Sánchez, but also in the judicial field and, specifically, in he Democratic Tsunami case, where he is investigated. Gonzalo Boye, who in addition to being his lawyer is also the lawyer for Josep Lluís Alay, head of the office of the former president in Waterloo (Belgium) and also accused in this case, has presented a document to the National Court in which he denounces that this judicial body did not inform the European Parliament that Puigdemont, who fled to Belgium since 2017, was being investigated in this case despite that the chamber requested that information from him.
Puigdemont’s legal move comes after Judge Manuel García-Castellón placed him at the center of the investigation into the activities of Tsunami Democràtic, the group that allegedly instigated the protests, some of them violent, that took place in Catalonia after to know the ruling of the Supreme Court that condemned the leaders of the processes in October 2019. In the order, which recorded the four years of investigation, the magistrate offered the former president to “voluntarily appear” in court as a defendant, before submitting the corresponding request to the European Parliament.
The judge stressed that the summons of the politician was “necessary” to be questioned “on matters of an obviously incriminating nature.” In his resolution, García-Castellón attributed an alleged “leadership” role to Puigdemont and placed him in meetings held in Geneva (Switzerland) at the end of August 2019, “where the Tsunami action could have been planned.”
In the document presented this Thursday, his lawyer – who acts on behalf of his other accused client, Josep Lluis Alay – assures that it was the latter who three years ago learned “through the media” that the case opened on the Tsunami activities were also directed against the former president and that these same journalistic reports indicated that there was a secret investigation into him and his surroundings despite the fact that the request had not been made to the European Parliament, of which Puigdemont was already a member at that time. The letter recalls that as a result, the leader of Junts activated in 2020 before the European chamber a procedure “to defend immunity” that was denied last September after the National Court informed the Legal Affairs Commission of the European Parliament (JURI) that there was no investigation “ongoing” regarding Puigdemont.
Therefore, the former president He now requests that the National Court inform him of the exact date on which he began to be investigated in the Democratic Tsunami case, as well as the day on which the European Parliament was informed that there were no proceedings against him. “This party needs to have this information to establish how, when, by whom and why the error of wrongly informing the European Parliament could have been made,” adds the text, which highlights the supposed “seriousness” of what happened. .
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In this sense, he emphasizes that it not only affects “the immunity” of Puigdemont, but also “the integrity of the European Parliament and, as far as we are concerned here, the constitutional guarantee of the right [a] a process with due guarantees, effective judicial protection and an impartial judge.” The brief finally demands that the court formally inform the European Parliament “without loss of time” that Puigdemont is being investigated and that, therefore, “the information on which the decision was based not to defend his immunity” was , at the very least, erroneous.”
This writing is the second movement that the former president does in the National Court after learning of his accusation. Last Tuesday, his lawyer already attacked the open investigation into Tsunami with a letter in which he slipped a whole battery of alleged irregularities that, in his opinion, would be marking the investigation. Among other criticisms, the document framed this procedure within the thesis of lawfare (legal war) against the independence movement, which the secessionist parties have used to try to discredit the judicial investigations against them and which is referred to precisely in the agreement signed this Friday by PSOE and Junts to facilitate the investiture of Sánchez.
“Over the last few years we have seen how criminal procedures, administrative sanctions or accounting referrals have proliferated whose only reason for being is who or who they are directed against. “All of those affected have a single common denominator: being identified as Catalan independentists or people close to the independence movement or even their lawyers,” stated the letter, which denounced that the instruction “trivializes” the concept of terrorism, the crime in which the judge frames the activities of Tsunami Democràtic.
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