From the leadership of Junqueras to the “privileged” position of Forcadell through the street mobilization of the Jordis
The next October 14 will be two years of the sentence of the ‘procés’. A case that began two years before, in 2017, after the inhibition of a court of the National High Court in favor of the Supreme Court magistrate Pablo Llarena, instructor of the procedure. The court of the Second (Criminal) Chamber sentenced nine of the 12 pro-independence leaders tried to sentences that ranged from nine to 13 years in prison. With the granting of partial pardons today, the prison time (preventive and firm) has reached three years and seven months.
This is a summary of the events for which each of the accused was sentenced to prison:
The ERC leader and former vice president of the Government was sentenced to 13 years in prison and 13 years of absolute disqualification for a crime of sedition in a media contest with a crime of embezzlement of public funds. According to the ruling, he had a “prominent role in the process that led to the non-observance of the laws and the stubborn disregard for the resolutions of the Constitutional Court and the High Court of Catalonia.” He admitted the reality of the facts at the trial, although he claimed the legitimacy of his actions and considered himself a “political prisoner.” He was linked to the mass events that took place on September 12, 2017 before the Ministry of Economy. In addition, he promoted and actively participated in the approval of the referendum law and the so-called “disconnection laws.” In his last word he asked to return the Catalan conflict to the “field of politics.”
The former Foreign Minister was sentenced to 12 years in prison and 12 years of absolute disqualification for sedition in a media contest with a crime of embezzlement for the expenses of 1-O. For the court, its role was incardinated from the outside, as responsible for «assuming the strategy» of the Government to legitimize the referendum and from this position, «it tried to convince of the viability of the construction of a Catalan republic, it relativized the logistical difficulties for the celebration of the popular consultation and went so far as to accuse the European institutions that they would lose credibility if they did not support the referendum. Like Junqueras, he considered himself a political prisoner and defended the right to self-determination. In his last word, he warned the court that “on this bench are seated more than two million people who feel concerned with what has brought us here”, and assured that “whatever happens we will continue with our hand out even before those who insult us.
The former minister of the Presidency was punished to 12 years in prison and 12 years of absolute disqualification for the crime of sedition in a media contest with another of embezzlement. In his case, the court highlighted that he intervened “actively” in the “concerted seditious action”, since he participated in the meetings in which the independence strategy was defined, firstly as a member of parliament and president of the JxSí group. In addition, he knew that not meeting the requirements of the TC was a crime of disobedience and “he also had to foresee” that his accusation would worsen if he did not limit himself to disobeying. He explicitly attributes to him the fact of promoting the creation of a “parallel legality” to promote “non-observance of the laws” and the holding of a prohibited referendum through a “tumultuous citizen mobilization to reject compliance with judicial decisions.”
The former Minister of Labor was sentenced to 12 years in prison and 12 years of absolute disqualification for sedition in a media contest with a crime of embezzlement. The Supreme Court ruled that it adopted the executive decisions necessary to be able to celebrate 1-O, since it ceded the use of civic centers as places for voting. That day was intended to “avoid or, at the very least, make it notably difficult to comply with the orders of the Superior Court of Justice of Catalonia regarding the closure of voting centers.” In his last word, he appealed to the court to reflect because “his sentence will not only be my freedom, but that of many generations.”
The former president of the Parliament was sentenced to 11 years and six months in prison and 11 years and six months of disqualification for sedition, despite not being convicted of embezzlement. The sentence was harsh with Forcadell, to whom the court attributed a “decisive” role in the process from his “privileged position”. He accused him of supporting from that position the creation of a “parallel legality lacking validity” with the disconnection laws, which “were part of a concerted strategy by the main defendants” with the aim of “creating an apparent legal cover that would allow for believe the citizenship that when they cast their vote they would be contributing to the founding act of the independent republic of Catalonia ».
The former Interior Minister was sentenced to 10 years and six months in prison for sedition. For the Supreme Court, it maneuvered to render “ineffective” the judicial orders to prevent the referendum, “neutralizing the operational capacity” of the Mossos. It also gave Jordi Sànchez “mediating powers” in the incidents in front of the Ministry of Economy. According to the court, “at all times” it ordered its behavior to redirect the interpretation of the judicial orders to a meaning that would allow concealing its “apparent compliance with the decided purpose of rendering ineffective such legitimate judicial orders and those of the superior prosecutor.”
The former Minister of Territory was sentenced to 10 years and six months in prison for sedition. In his case, the Supreme Court concluded that he laid “the foundations that fostered the conditions for citizen mobilization.” “It thus prevented the normal functioning of the State that acts in defense of legality, participated in the convocation of an illegal referendum and also participated in its realization,” said the sentence. Its activity “is not limited to an idea, or its expression, but to the execution of acts to create the precise conditions that prevented the operation of public services and the action of the State in accordance with the law.” In his last word, he criticized Spain “imposing non-dialogue” unlike the United Kingdom or Canada. At the same time, he warned the court of the “harmful consequences” that the sentence could have in Europe.
The former president of the Catalan National Assembly was sentenced to nine years in prison and nine years of absolute disqualification as leader of the sedition, less than in the case of Junqueras for not being authorities. For the Supreme Court, he was in charge of the “promotion and leadership” of the protest concentration that took place on September 20 and 21, 2017 before the Ministry of Economy. “He assumed voluntarily and with the acquiescence of the defendant Forn, who gave him the rank of interlocutor, promotion and leadership of the concentration.” At the trial he also defined himself as a “political prisoner”. At the end of the process, he insisted that Catalonia faces a political conflict and warned the magistrates of the importance of their decisions.
The president of Òmnium Cultural was sentenced to nine years in prison and nine years of absolute disqualification as leader of the sedition, less than in the case of Junqueras for not being authorities. According to the ruling, he encouraged a “tumultuous uprising” on October 1, 2017. For the court, his action takes the “leap” from the protest calls and the mobilization, which they consider “legitimate”, to “push” the citizens sympathetic to the secessionist movement to “active resistance, opposition by de facto means” against compliance with court orders, or any decision of the authorities that goes against the holding of the illegal referendum. Especially significant was his last word before the Supreme Court, when he stated that “everything I did I would do again and I do not regret it.”