It was an impulse rather than a conscious decision. The pressing need to get away, to get out, to shake off the pressure. He felt it in a suffocating way, after weeks seeing her name involved in the Democratic Tsunami case, one early morning during the Christmas holidays. That same night, with his partner and without a suitcase, Ruben Wagensberg, 37, headed to Switzerland, where another leader of Esquerra Republicana, Marta Rovira, has been living for six years to escape the actions of Spanish justice. Wagensberg does not like to talk about flight or exile. He is not a fugitive because no one has summoned him to testify, but he is one of those investigated for terrorism in the National Court for his participation in Tsunami Democràtic, the platform that organized the protests against the sentence of the processes in October 2019. He is on leave and is now trying to take care of his mental health and join forces with human rights organizations that, like him, see the accusations of terrorism as “absurd.” He does not seem ready “yet” to return, but he regrets having left his people. “My life has stopped, and that is what makes me suffer the most,” he says in an interview by video call from Geneva.
Ask. He says he went to Switzerland because the pressure he felt was excessive. He has been there for two months, where is he at?
Answer. The situation hasn't changed much since I arrived. Every day there is news of Tsunami. I'd be lying if I said I got used to that pressure. It's like following a true crimebut with you being the protagonist.
Q. The Prosecutor's Office has concluded that there is no evidence to attribute either to you or the former president Carles Puigdemont, a crime of terrorism. Does it calm you down?
R. I think that is the thesis that fits reality. But experience shows that it is better not to celebrate anything, because a part of the judiciary is making political use of the cause of Democratic Tsunami. Judge [Manuel] García-Castellón has made decisions as political events have progressed. The accusations of crimes seemed to respond directly to the exclusions in the amnesty text… I have a feeling of great helplessness, and it is a serious precedent for the democratic system.
Q. As an activist and politician he has been involved in the defense of refugees and human rights. How do you feel that he is now associated with a crime like terrorism?
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R. With disbelief. Sometimes, for pure survival, with humor. I cannot believe that a crime that involves systematic violence, death, and the use of terror is attributed to me. And even less so when I have been personally involved in helping people escape terrorism: in Syria, in Iraq, in Afghanistan. I have worked for the right to life, in a pacifist and militarist key. It hurts to be associated with terrorism.
Q. If you are summoned to testify, what will you do?
R. I am convinced that the case will be closed. But I have no problem answering to justice, because there is no crime.
Q. There will be those who think that it makes no sense to go to Switzerland…
R. I left because of the pressure I felt and in search of legal advice. But I am not here preparing a judicial statement, but rather working on something deeper: denouncing that we are suffering from the political use of terrorism. All the human rights organizations that have contacted me these weeks agree with this analysis.
Q. Beyond the crime of terrorism, during the protests organized by Tsunami in October 2019, there were episodes of violence. Five years later, do you self-criticize?
R. These days I have reviewed tweets and videos that were published, and they all talk about protesting with respect and pacifism. A general strike can end with specific altercations, involving a few, and that does not mean that the union leaders are blamed. The massive will of the citizens and the social and political leaders was for dialogue.
Q. What was your role in Tsunami?
R. The character they say is me has been inflated, Konan [según la investigación, es el apodo que usaba en la organización de Tsunami], which all it does is explain how to ensure that protests are peaceful. I cannot speak about a judicial process in which I am immersed, but my role in the processes It has always been from the perspective of pacifism and non-violence.
Q. There is talk of the obstacles that some judges may place on the amnesty, but the truth is that the law has not been approved due to the refusal of Junts in Congress.
R. It was not a day of joy. The amnesty law is a colossal victory, without palliatives. Every day we lose, we are giving room to the bloc that does not want this law and to a part of the judiciary.
Q. Do you think it will end up being approved?
R. I trust it, because the family situation of many people depends on it. I appeal to the responsibility of PSOE and Junts.
Q. And do you think that its application with judicial opposition will be viable?
R. The process is well articulated, we should have no doubts. But what we are experiencing gives us clues that a part of the judiciary will try to make its application difficult in some cases. But it will be done, because in Catalonia there has been no terrorism or anything like it.
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