The appeal presented this Friday by the Prosecutor’s Office of the National Court in the Democratic Tsunami casewhich rejects the summons as a defendant of former Catalan president Carles Puigdemont and insists that it does not consider terrorism crimes, includes criticism against the conclusions reached by the Civil Guard and Judge Manuel García-Castellón about the movement that instigated the protests that took place in Catalonia after hearing the ruling of the Supreme Court that condemned the leaders of the processes in October 2019. These are the main ones:
“No hierarchies, no distribution of functions.” Prosecutor Miguel Ángel Carballo rules out that, during the four years that the investigation has lasted, evidence has been found that proves the existence of a “criminal organization or group” behind Tsunami: “Neither hierarchies nor distribution of functions have been accredited. among those investigated, neither the existence of a governing body, nor the concerted perpetration of different criminal acts. In short, there is no union of people or concerted commission of infractions in numbers greater than two,” reads the appeal sent by the public ministry to the Criminal Chamber of the National Court.
“No structure has been accredited.” “There is talk of a supposed support structure in terms of communication, logistics, legal, economic and operational matters, but no data is given about the sources of proof of its existence, much less who would be responsible for acting in each of these. divisions of labor […] Beyond the statements on Twitter and, finally, the computer application [de Tsunami]no structure has been accredited.”
“Impute violent acts.” “It is true that some act that was echoed by this platform ended in serious riots and altercations, but there is not a single piece of information in the procedure that would allow those investigated to be imputed to those under investigation for their favorable opinion towards them, to the execution of violent acts against police forces or other actions, such as destruction of street furniture, and even less so their induction, cooperation or participation,” states the letter, which adds: “It is not possible to attribute deaths, injuries or damages to any of those investigated.”
Leader? “The existence of a managerial level cannot be sustained by the mere statement of one of those investigated, who refers to another asking him ‘if the big boss knows a little about who I am…’. This is extremely insufficient. As are the references from the same person investigated about ‘the leader telling them that they were willing’: Without knowing who that leader is, nor clarifying what leader or boss he was.”
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“The foundership”. “As for the financing of the movement, the data offered does not even reach the scope of an objective suspicion, since it is based on the statement of two Tsunami spokespersons on Catalan public television who would allude to a ‘resistance fund’, without that the identity of such spokespersons be known and even less so their qualification to reliably support said statements,” the appeal points out. The latest report from the Civil Guard attributed to an Italian citizen (Nicola Fabio Giulio Foglia) the offer of 6,000 Swiss francs, about 6,200 euros, to “buy food and water” for the protesters who attended the blockade of the El Prat airport (Barcelona). ). However, the prosecutor adds about this: “It has not been possible to prove that this amount, or any other, was delivered at any time for this act or another.”
“Lack of motivation”. Prosecutor Carballo criticizes that last Monday’s order lacks a “lack of general motivation.” Of the dozen defendants – including Marta Rovira, general secretary of ERC – the public ministry says that the judge only dedicates a “scant” part to arguing Puigdemont’s accusation.
Marta Rovira (ERC). “The actions attributed to him lack any criminal entity, beyond his sympathy or support for the Tsunami Democràtic platform.”
Puigdemont (Junts). “Having examined the foundations of the contested resolution, no conjecture can be established regarding the criminal responsibility in the present procedure” of the former Catalan president, the appeal argues. The prosecutor minimizes the value of the messages intercepted from some defendants, which made references to Puigdemont; He censures that, after four years of investigations, the magistrate now states that the investigation is in an “initial phase”; and he describes, “at the very least”, as “naive” García-Castellón’s move to offer the former president to voluntarily testify as a defendant, before sending a request to the European Parliament, of which the former head of the Government is a member.
Without terrorism. The Prosecutor’s Office maintains that, once sedition has been eliminated from the Penal Code, it only considers crimes of serious public disorder. He rules out that the events can be considered terrorism and considers the argument presented by the magistrate to be “insufficient” to support it: “He does not substantiate such an assertion beyond exposing the content of the international instruments that define terrorism or, rather, establish the requirement of legislative framework in which the subscribing countries must develop their criminal legislation.”
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