The New Spanish Inquisition

A new Spanish Inquisition is underway. This time its focus is political and not religious. The target is the Catalan independence movement.

It began four months ago with charges of rebellion against Jordi Sanchez and Jordi Cuixart, the two leaders of the large grassroots independence movements that held huge peaceful demostrations each year for the last six years on 11 September where, each year, one million or more people took part. It followed with charges of rebellion, sedition, and misuse of public funds against the all members of the former Catalan government. Five of those charged, including the President of the Generalitat (Catalan government), left the country and went into exile in Belgium; several, including the President of the Catalan parliament, were imprisoned after their initial hearing and subsequently released on bail; the remaining four, including the Vice President of the Generalitat and the two grassroots leaders (the two Jordis) remain in prison, in preventative custody. They have been charged with rebellion even though not one ever committed any act of violence. The judge in charge of the case has said as much. But he has also said (in fact, written in his interlocutory) that they must be held because they have not renounced their commitment to Catalan independence. In other words, they are being charged and held for their political beliefs.

The Spanish government then instructed its police to investigate the finances of the Generalitat to see how much money was spent on the October 1^st referendum. This would pertain to the charge of misuse of public funds. I should make clear that although the Spanish government and the entire international press refers to the referendum as being illegal, it was not. Referendums are mentioned in the Spanish constitution and they are allowed. However, this one was suspended by the Constitutional Court. It was therefore a suspended referendum, not an illegal one. It should always have been clear to the international press and the international public (and questioned by them) that in a democratic country, no referendum should ever be illegal. Voting is, after all, the basis of a democracy.

The Spanish police searched and investigated and came to the conclusion that no public money was spent on the referendum. So much for misuse of public funds.

But Madrid is not satisfied and today, the Minister of Internal Revenue has announced that 60 news media, businesses, and persons will be investigated to see if they were indirectly involved in receiving payments from the Generalitat that were then turned into payments for the illicit referendum. Among the 60 are journalists, newspapers, media groups, all kinds of businesses, and private persons. They were selected based on their known support of Catalan independence.

They have called this a witch hunt. I call it an Inquisition. You are guilty because you believe in a political idea that the government doesn’t like. Or maybe you are guilty because you read a newspaper that presents a view that the government doesn’t like. Or maybe you write and sing songs that the government doesn’t like. Two singers were just convicted for that and sentenced to three years in jail. Maybe you listen to those singers and you will be charged soon with listening to songs that the government doesn’t like. People who have posted comments critical of the Spanish government or police (or king!) have been charged with hate crimes – a designation usually reserved for crimes or speech against a vulnerable minority. Since when is criticizing the government a hate crime? Since the new Spanish Inquisition went into effect.

One More Catalan in Exile

People who have some interest in Catalan independence probably know who Carles Puigdemont is.  He is the deposed president of the Generalitat (the Catalan government), who much to the dismay of Spanish President Rajoy, who deposed him and called for new elections (although it was not his prerogative to do so), won those elections.  Instead of staying in Spain when charged with rebellion, together with four of his government deputies, he high-tailed it for Belgium because he was not assured that he (or they) would have a fair trial (since the charge of rebellion, substantiated by the preliminary court ruling, with no known act of violence, would by itself suggest that this is simply the making of a political trial and that it is not possible that it be fair).  His other motive for going to Brussels had to do with “internationalizing” the independence process and the undemocratic and illegal Spanish response to the independence movement.  In prison he would be allowed to talk to his wife for ten minutes a day by phone, but barred from communicating directly with the media.  Ensconced in Brussels, he holds press conferences, gives interviews, writes and publishes articles, attends university and other forums and debates, and is active in informing the world about what is happening in Catalonia and ensuring that Spanish repression remains in the public view.

Not many people know who Anna Gabriel is.  She was a deputy in the last Catalan parliament that was disbanded by Rajoy when he axed the Catalan government.  She is a member of the political party CUP, which is a left-wing, anti-capitalist party.  She is also being charged with rebellion and she has also decided that she can best serve the cause of Catalan independence and informing the world about Spanish repression by leaving the country.  She is cited to appear before the judge tomorrow (Wednesday) but she will not appear.   She has gone to Geneva. 

If the Spanish court demands her extradition, she will argue that she would not receive a fair trial in Spain where she is being charged for her political activities and already condemned in the Spanish press.  Switzerland does not extradite people for political crimes and it is believed that there is little chance that an extradition order will be presented or that it would be honored.  Her lawyers believe that extradition would be illegal because there is no evidence to suggest that Gabriel has committed any crime, whereas there is much evidence, on the part of the Spanish government, the judiciary, and the police, of political persecution.

Gabriel compares Spain with Turkey and says that Spain does nothing to ensure her safety (or that of anyone who is pro-independence).  Many people have been physically attacked, some, like Gabriel (and Puigdemont, and Mireia Boya, also from the CUP) have received death threats and yet the Spanish police do nothing to find out who the perpetrators are and bring them to justice.  On the other hand, they busily charge schoolteachers who held classroom discussions about what happened on 1 October, and private individuals who have posted opinions critical of the Spanish government or the Spanish police with hate crimes.

Gabriel says she has always campaigned peacefully for a referendum and she criticizes the Spanish government for wanting to stop the movement for independence with repression rather than political dialogue.  She says she decided to go into exile when she saw that after more than three months, Oriol Junqueras, Jordi Sanchez, and Jordi Cuixart were still in prison and that everyone in the former government was under judicial threat.

Gabriel intends to bring to international attention the lack of judicial impartiality in Spain.  Her attorney is Olivier Peter, a young Swiss who works in the area of human rights and has presented cases before the European Court of Human Rights in Strasbourg¸ including several recent cases where Spain was found in violation of international law and condemned (and fined).  She is also planning to work with attorneys and organizations that work for civil and human rights that are linked to the court.  Gabriel herself is an attorney and before her service as a deputy in the Catalan parliament, was a law professor in Barcelona.

 Whereas both Carles Puigdemont and Anna Gabriel have been involved in the politics of bringing about Catalan independence, they come from opposite ends of the political spectrum.  This is one of the arguments against the accusation that Catalan independence is a populist movement because it incorporates the Catalan right (Puigdemont) and the Catalan far left (Gabriel) and other parties in between such as L’Esquera Republicana.  Now those two opposites will lead the two international fronts bringing to light the illegal and undemocratic actions of the Spanish government and judiciary to the world.  

Catalans tell the E.U. to Wake Up

Today 45,000 Catalans went to demonstrate in Brussels.  Brussels is the capital of Europe, it’s where the European Union has its headquarters. 

Forty-five thousand is a lot of people.  That was the count of the Brussels municipal police.  The Belgian federal police estimated the count at 60,000.  They travelled 1,346 kilometers (836 miles).  It takes 13 hours by car or bus from Barcelona.  Going by plane is faster but it costs more.  A round trip bus ride costs about 100 euros.  There were 250 chartered buses and many regular and chartered planes full of Catalans.  And many people went by car and a few even in motor homes.  

Although a few went a day or two early or stayed a day or two afterwards, most went only to spend the one day.  Those who went by charter bus left Wednesday afternoon to sleep on the bus and arrive in Brussels on Thursday morning.  The demonstration started at 11 am.  They got back on the same bus that afternoon to travel by night and return home the next morning.  To spend the few hundred euros to go by plane or to put up with the discomfort of traveling two nights in a row on a bus takes determination.  The Catalans who went to Brussels were determined. 

Spain managed to convince the world that the referendum held on 1 October was illegal.  But there is nothing in Spanish law or the constitution that says so.  And if there were, there is the United Nations Charter of Human Rights, to which Spain is a signee, that says that all people have a right to self-determination.  So under international law, the referendum was perfectly legal.  Even so, the European Union has gone along with Spain to say that the referendum was illegal.  They also squirmed their way out of condemning the police violence on 1 October, which in any democratic context, is unacceptable, whether or not those going to vote were going to vote on a legal or illegal referendum.  Going to vote is not illegal and does not under any circumstances merit police batons hitting you on the head.

The 45,000 Catalans who descended on Brussels today did so for several reasons.  First of all they were there to show support for their democratically elected president who has not only been illegally removed from office by the Spanish government, but has also gone into exile to avoid charges of rebellion and sedition, among others, charges that stem from his having a different political viewpoint than the Spanish government has. 

Different viewpoints are not allowed in Spain – in fact, the Spanish government says they are unconstitutional -- and there was evidence that fair treatment and a fair trial would not be forthcoming.  Those government officials who remained in Spain were all hauled off to jail immediately from their preliminary hearing, before any trial, and even before any investigation into the charges.  And they have been sitting in jail, without benefit of bail, for over a month, until a few days ago, six of them were released on bail, while four others remain in prison, the judge saying that their release could explode into violence. 

Why suddenly worry about violence when there has never been any violence on the part of the Catalan independence movement?  Maybe the judge is worried about the Spanish fascists exploding into violence if the Catalans are released?  This could be a possibility since there has been violence at each and every one of the ultra-right fascist demonstrations.  But in that case, wouldn’t it be more just to imprison the fascists? 

It turns out that Puigdemont’s going into exile to Belgium was a good move because when the Spanish issued an extradition order, expecting the Belgian judge to pack Puigdemont up and send him back, the judge didn’t do that.  He gave the accused (Puigdemont and four of his cabinet who are with him in Brussels) over a week to prepare a defense to the extradition charges.  The accused in Spain were given 24 hours to do the same before they were sent off to prison without bail from their preliminary hearing.  After the hearing he reserved two weeks for his own decision.  And before the date set for his decision, the Spanish suddenly withdrew their extradition order.  Why?  Because it seemed that the Belgian judge was not going to honor it and that would make the Spanish look bad.  What are charges of sedition and rebellion that carry 30 years prison terms in Spain, are not crimes at all in Belgium.  Spain’s fame as the home of the Inquisition lives on.

Besides showing support for President Puigdemont and his four ministers, the Catalans wanted to bring the issue of the lack of human and civil rights that they are suffering to the door of the European Union, the international organization that was founded on the priniciples of ensuring those rights and who are seen as failing their EU citizens who live in Catalonia.  They have had their legally elected government deposed and replaced by political leaders in Madrid for whom they did not vote.  They consider it a coup d’etat.  They have leaders in jail without bail before any trial.  They are in jail for their political beliefs and that is not something the EU should tolerate.

Seven hundred Catalan mayors have been charged with disobedience for having made polling spaces available for the referendum vote.  Some have already been called to testify before the judge, others are pending.  Several people have been arrested by police for having said things critical of the Spanish government or the Spanish police on social media.  Broadcasters on radio are also being charged for saying things critical of the Spanish government or police.  The Catalan public broadcasting company is under constant scrutiny and daily threat of being taken over by the Spanish government if they utter a word that the government doesn't like -- such as calling President Puigdement "President Puigdemont."

Each day Catalans' civil liberties are being curtailed.  One day they can’t hang yellow ribbons from government buildings, the next day city governments are instructed to remove any yellow ribbons that citizens tied anywhere they might appear throughout the city – park benches, bridges, lamp poles, balconies, or be charged with disobedience. 

They can’t light their public fountains with yellow lights.  A group of seniors is prohibited from wearing yellow ribbons and scarves and demonstrating in front of their city hall in the town of Reus, demanding the release of the political prisoners in Madrid.  The right to demonstrate and protest is fundamental in a democracy, but Catalans are being prohibited from exercising those rights.  Catalans believe that if they want to wear yellow, they should be free to wear yellow.  Catalan media is prohibited from referring to President Puigdemont as “President Puigdemont” even though every ex-president is referred to in that way.  The media cannot say he and his ministers are in exile. 

Initial reports I’ve read in the foreign (English-speaking) press say that the Catalans went to Brussels to ask the EU to support their move for independence.  But that isn’t so, not that they wouldn’t like that.  They went to Brussels to show support for their president who was illegally deposed, with the consent of the EU.  They went to Brussels because two leaders of their legitimate government, the government they elected, are in prison as are two grassroots leaders -- all of them imprisoned without trial for their political beliefs.  These are political prisoners and Europe should be concerned.  They went to Brussels to tell the EU that it should be ashamed for having abandoned its founding principles of human rights.  They have abandoned their citizens -- all Catalans are EU citizens -- to repression by the Spanish government.  Frans Timmermans, the European Commission Vice President, gave a short, cynical statement after the demonstration today that if the Catalans don’t like the Spanish constitution, they should set out to change it.  But Timmermans knows that Catalans are a minority in Spain, and a minority cannot change the constitution when the majority does not want to.  The Catalans went to Brussels to tell the E.U. to wake up.  That democracy is threatened in Spain by flagrant repression, and if democracy is threatened in Spain it is threatened in Europe.