«Marchena, Casado, Sánchez or Llarena have the power to interpret the Constitution as they wish, but with the law as it stands the Jordis and the government are political prisoners.»
Traduït per l’AnnA (@annuskaodena)
The imprisonment of Catalan politicians and the Jordis is illegal. They are in prison for helping the people of Catalonia to exercise their right to self-determination as recognised in the International Treaties that Spain has signed.
All those who follow the legal argument to justify the ban on the referendum forget that in order to become an acceptable State for the Western bloc, Spain ratified a series of Treaties (the UN Charter of Human Rights, the International Covenant on Civil and Political Rights and the Covenant of Social and Cultural Economic Rights) that recognise the right to self-determination. In neither of these cases, the State showed any reservations or demanded any exemptions in that regard, and therefore they are fully valid as ratified by the BOE in 1977 (yes, before the famous Constitution). Once the Constitution was approved, Article 96.1 makes it clear that all International Treaties ratified and in force (such as the 3 mentioned above) are part of the internal order. As explained by Professor De Zayas (a UN rapporteur for the promotion of democracy until recently), this means that the right to self-determination is fully part of the Spanish legal system and that applies to Catalonia. Therefore, the 1-O should have been considered legal by the Spanish Constitutional Court.