1-O referendum and UDI were legal. Nació Digital
«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.
No surprise there, although unfortunately the Kingdom of Spain is a State in which the immaterial principle of the territorial unity takes over the votes at the polls. As if any debate that could happen today would be unnecessary because a 15th-century wedding has already sealed the fate of Spain for all eternity.
Back in 2018, the reality is that there are 9 political prisoners and 8 people in exile because Spain is unable to comply with the Treaties they ratified, but also because judges Lamela and Llarena, along with various general prosecutors and state attorneys, have decided to ignore the Spanish criminal code itself with the sole purpose of taking revenge on those foolish enough to dare to challenge the sacred unity of the Spanish homeland.
The fact is that in 2005 and with 191 votes in favour and 135 against, the ‘organisation of referendums without permission from the State’ was eliminated from the criminal code. A decision that has never been revoked so far, therefore it shows the illegality of the Jordis and the Catalan government imprisonment for organising a referendum, a democratic but never a criminal act. Llarena’s and Lamela’s argument that the organisation of the referendum has been a rebellion has not held any international benchmarking as we have already seen in Belgium and Germany. Not even the author of the crime of rebellion thinks that it could be applied to Puigdemont’s government.
Never a single Catalan politician has called for any violence and therefore their imprisonment and legal prosecution are innately illegal, as most Spanish citizens will find out when an international court requests the release of the political prisoners and allows for the return of the exiles.
That is why Pedro Sánchez two months ago spoke of making the criminal code stricter to include rebellion without violence and Casado requested yesterday to toughen the criminal code to include referendums as ‘improper sedition’. They are aware that the legal battle is eventually lost so they are getting ready for the next move from the Catalans while they keep prisoners hostage. The Sánchez and Casado type would be capable of pretending there could be a democracy without elections if that meant protecting the sacred borders of the Spanish nation.
On the other hand, the Declaration of Independence on the 27th of October was fully legal, even Llarena knows that, he only uses it as an excuse to keep Parliament President Carme Forcadell in jail. In 1995 the Spanish Parliament removed from the criminal code the article that considered rebellion for a region to declare independence from the State. The text, which the current establishment would probably agree with, had been drafted in 1900 to declare as “rebellious defendants those who stand up publicly for any of the following purposes … Declaring independence of a part of the national territory”. This article, published in La Razón in 2015, explained in a crystal clear way why declaring independence is legal.
The International Court of The Hague ruling on Kosovo made it clear in 2010, when sentenced (see page 38) that unilateral declarations of independence that have been considered illegal had not been considered illegal because they were unilateral, but because violence or violations of fundamental rights had been used. Obviously neither of these two situations apply in the case of Catalonia, and therefore the Declaration of Independence of the 27-O wasn’t in any case contradictory with the precepts of international law. The argument of territorial integrity, which is intended to be used in case of an external military threat, not to crush a democratic minority that wants to secede, does not apply either.
In short, the 1-O referendum and the 27-O UDI (either symbolic or not) were both legal. Let’s remember it, let’s repeat it and let’s reclaim it. 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 currently political prisoners and Catalonia has an equal right to self-determination as any other nation in the world.
Aleix Sarri i Camargo (1985) has a degree in Biotechnology and a Master in International Relations. Since 2011, he has been spending half his time in Brussels, working as an advisor for Ramon Tremosa, MEP deputy of PDECat, in the European Parliament. He keeps up to date with everything in Europe, but he has specialised in euro governance and monetary policy and in 2014 he published The European Union in danger: a chronicle of the euro crisis and the first two rescues of Greece from a Catalan perspective (Pórtic).
Font: Nació Digital @naciodigital
Autor: Aleix Sarri @aleixsarri
Data de publicació: 27 de juliol 2018
Font de la imatge: Nació Digital