THE TRUTH ABOUT CATALONIA’S BID FOR INDEPENDENCE Last update: 28 November 2019 This document is subject to the evolution of the events it contains and will be periodically updated. Please note the date of the last update and, if necessary, request the latest version from: [email protected] This edition has only been updated to include the sentences of the trial that were published on 14 October. The verb tenses of the previous version have been maintained, without prejudice to the fact that a last update can be made by adjusting the concordances. Contents CATALONIA’S BID FOR INDEPENDENCE 1. Timeline of the Independence bid THE CATALAN INDEPENDENCE BID ON TRIAL 2. The acts of 2017 and their prosecution 3. The five Articles of Spain’s Criminal Code that landed the procès defendants in the dock 4. Safeguards for the accused during the trial 5. Independence and safeguards of the Spanish legal system 6. Private prosecution: What is it? 7. The trial and sentences THE TRUTH ABOUT SPAIN AND ITS CATALAN REGION 8. The secessionists’ falsehoods 9. Spain is a state made up of Autonomous Communities 10. The price Catalonia is paying for the independence bid 11. Spain in international rankings QUESTIONS AND ANSWERS APPENDIX CATALONIA’S BID FOR INDEPENDENCE 1. Timeline of the Independence bid 11 SEPT Massive demonstration day (or Diada) for independence 2012 “Consultative process” • Promoted by the Catalan Regional 9 NOV Government [known as the Govern], presided by Artur Mas. 2014 Suspended by Spain’s Constitutional Court. • According to the Catalan regional administration [known as the Generalitat] 2,305,290 citizens voted and 80.76% of them voted in favour of independence. Elections to the Catalan Regional Parliament • Organised in accordance with Spanish law. 27 SEPT • 4,130,196 citizens voted. The independent parties with 2015 parliamentary representation obtained 1,966,508 votes, 47.8% of the valid votes and 72 of the 135 seats. “Resolution 1/XI of the Catalan Parliament, on initiating the political process in Catalonia as a consequence of the 9 NOV 2015 election results of 27 September 2015” • The separatist parties approved said Resolution which, inter alia, • says: • “The Catalan Parliament solemnly declares the initiation of the process to create an independent Catalan State in the form of a republic.” • “The Parliament of Catalonia, as a depositary of sovereignty and as an expression of the constituent power, reiterates that this chamber and the democratic uncoupling process from the Spanish State will not be subject to the decisions of the institutions of the Spanish State, in particular of the Constitutional Court, which it considers lacks legitimacy and competence as a result of the judgment handed down in June 2010 on Catalonia’s Statute of Autonomy, previously voted by the people in referendum, among other judgments.” 6 Investiture of Carles Puigdemont as president of the 11 JAN 2016 Generalitat • In response to a demand by the CUP coalition, Artur Mas renounced his investiture as President of the Generalitat and chose Carles Puigdemont as his successor. Carles Puigdemont announces a referendum • In the Catalan Regional Parliament, Carles Puigdemont announced: 28 SEPT 2016 “Catalan demands will, therefore, be resolved as follows: either we hold a referendum, or we hold a referendum. I say this again: ‘Either we hold a referendum, or we hold a referendum’ (Loud and prolonged applause.) Let it be clear, I repeat, that we will seek agreement to the very end. We will work with determination to hold a referendum in agreement with the [Spanish] State at all times, but if we reach the end of this term of parliament and there has been no positive reply in this respect, we will be prepared and ready to climb up the last step before effectively proclaiming Catalonia’s independence and, at the latest, call a referendum for the second half of September next year. With this we will fulfil the mandate we were given on 27 September.” Carles Puigdemont tweets a photo of himself with the 5 11 APR notifications sent to him by the Constitutional Court. 2017 Tweet of Carles Puigdemont, 11 April 2017, 11:57: • “Today I've received the fifth notification from the Constitutional Court. We will not stop moving forward.” Carles Puigdemont reshuffles the Govern • Front page of the newspaper Ara of 15 July: 14 JUL 2017 • “Tailor-made Govern for 1 October. Puigdemont is only replacing regional department heads of the PDECat party to face the final stretch of the referendum, in a decision which the opposition denounces as a purge.” • Front page of the newspaper El Punt Avui of 15 July: • “Strengthened for 1 October. Firmness: Puigdemont renews part of • the Govern to face the referendum cohesively.” • Front page of the newspaper El País of 15 July: • “Junqueras takes control of a desperate government. Puigdemont replaces hesitant department heads in order to invest fully in the referendum. Rajoy considers dialogue impossible after ‘the purge and triumph of the radicals’. Juncker restates that an independent Catalonia would be left outside the European Union.” 7 Carles Puigdemont explains the difference between the 29 AUG referendum organised for 1 October 2017 and the 2017 consultation of 9 November 2014 • Reply by Carles Puigdemont in a citizen's interview via FacebookLive: “The difference between the one on 9 November [2014] and this referendum is that we will abide to the result, whichever way it falls. Because we consider it to be politically binding. And that’s why I said that now the ability to change things is in the hands of each one of you. You have the ability to change things. The Govern will not decide this for you, neither will parliament or the political parties, or powers in general. The 1 October vote will have consequences and, therefore, all those who may have doubts should not have any about our commitment: the Govern will implement whatever result emerges from the polls.” • Reply by Carles Puigdemont in a citizen's interview via FacebookLive: “Àngels is asking me whether I am convinced that ’yes’ will win. Well, I’m not convinced that either ’yes’ or ’no’ will win. What I am convinced of is that there should be a large turnout. And that the result - whether a ’yes’ or a ’no’- will be, for me, the sovereign result, the democratic result. If the winning vote is ’yes’, we will implement the Transition Act and begin the transition process. If ’no’ wins, then there will be regional parliament elections.” The separatist parties approve, in the Catalan Regional 6 SEPT Parliament, “Act 19/2017, on the referendum on self- 2017 determination” • Article 2: The people of Catalonia are sovereign political subjects and, as such, they exercise the right to freely and democratically decide their political status. • Article 3.3: All authorities, individuals and legal entities that directly or indirectly take part in preparing, holding and/or implementing the result of the referendum are protected by this Act, which implements the exercise of the right to self-determination that forms part of the current legal system. • Article 4.3: The result of the referendum is binding. • Article 4.4: If, after counting the votes validly cast, there are more affirmative than negative votes, such a result means the independence of Catalonia. For that purpose, the Parliament of Catalonia, within two days after the official results have been proclaimed by the Electoral Board, will hold an ordinary session to make the formal declaration of Catalonia’s independence, define its effects, and initiate the constitutent process. 8 The separatist parties approve, in the Catalan Regional 7 SEPT Parliament, the “Act on the Legal Transition and the 2017 Founding of the Republic” • Prior to the processing of the uncoupling Acts, several Resolutions had been handed down by the Constitutional Court which prevented the processing of any initiative to hold a referendum. The separatist parties, however, decided to pass these Acts. • Article 1. Catalan State. Catalonia is constituted as a rule-of-law, democratic and social Republic. • Article 3. Supreme law. Until the Constitution of the Republic is approved, this Act is the supreme law of the Catalan legal system. • Article 88.2. […] None of the decisions of the constituent Assembly, in exercise of the constituent power, may be controlled, suspended or challenged by any other power, court or tribunal. • Third Final Provision. This Act shall come into effect following its approval by the Parliament of Catalonia, its official publication, and compliance with the provisions set out in Article 4.4 of the Act on the referendum on self-determination of Catalonia. Interview with Carles Puigdemont at El Món on RAC1, the 12 SEPT 2017 most listened to radio show in Catalonia. • Question by Jordi Basté: Will this be a repetition of 9 November 2014? • Carles Puigdemont: 9 November, which, for me, was a great milestone for this country and forms part of Catalonia’s democratic heritage, had characteristics which the referendum [of 1 October] does not have. The referendum [of 1 October] has a simple binary yes or no reply, it is organised by the Govern, its result will be binding, and there is a clear determination for the result to be applied by everyone. • Jordi Basté: So, if the ‘yes’ wins on 1 October, and there are polls, and people go and vote… • Carles Puigdemont: …the Legal Transition Act will enter into force and we will start to function as an independent state. • Question by Rocío Martínez-Sampere: […] A week ago I saw you in the Catalan Parliament giving a standing ovation after the approval of a foundational Act of the republic which puts an end to the Catalan institutions that are legally regulated in Catalonia’s Statute of Autonomy.