The Attorney General’s Office today announced charges against the president of the Generalitat, Artur Mas, for allegedly committing offenses of grave disobedience, trespass, embezzlement and usurpation of judicial functions in the participatory process 9-N. The lawsuit was filed at 12:20 hours this afternoon before the High Court of Catalonia.
The prosecution believes that the alternative consultation November 9 was “planned, sponsored and funded by the Government of Catalonia ” that “called on all Spaniards who are residents Catalonia over 16 years of age “, as well as foreign residents to decide by secret written ballot on whether Catalonia should become a state, and whether the state should be independent of Spain.
This notice, called participatory process had been suspended by the Plenum of the Constitutional Court on 4 November 2014.
The prosecution is directed against Mas, Catalan vice Joana Ortega and the Councillor for Education, Irene Rigau.
The text of the complaint, 30 pages, states that the call is articulated through the website www.participa2014.cat that has served ‘p Institutional unto reference to encourage citizen participation in the consultation, “seek the cooperation of the organizers and volunteers and to maintain continually informed public.
The lawsuit considers that the actions of the Government of Catalonia, “themselves known as a party” to the proceedings before the TC “ and knowledgeable their obligations, yet he displayed an incompatible behavior with the contents of the resolution, as the process continued until its completion on 9 November 2014. Acts of momentum have participated personally and direct the defendants’ .
Moreover, the prosecution believes there is reason to believe that 9-N “was not the execution by other means, the original design hold a referendum consultation materially nature also suspended by the TC. ”
The pubic ministry states in its complaint that the Government of Catalonia “ the sole and exclusive purpose of avoiding judicial review hitherto I had hampered, adopted a new strategy: to promote the same process is not formalized by legal acts and physical acts of impulse, establishing a communication path to citizenship. ”
The prosecution accuses But in this case act arbitrarily and “ superimpose own partisan view of the reality on the duty to exercise administrative duties objectively and in accordance with law. ”
Charges Over prisoners resort to volunteers, who worked 12-hour days, to prepare ballots
The complaint describes various actions of the Government to organize the process, such as the website, as well as “drawing by an internal Prison ballots, and the distribution of ballot boxes assigned to the respective polling stations. The prisoners voluntarily developed days of twelve hours both Saturday October 18 and Sunday October 19, urged by the regional government . On 30 October the Government demanded, via email, to private radio stations broadcast in Catalonia and private television based in the Community disseminate ads free informative consultation campaign. “
In addition, conducted through email “informal calls” “Departamentd’Ensenyament by territorial authorities of the Government, under the direction” of Irene Rigau, “directors of institutes of secondary education for holding meetings a consistent assignment of collaboration in local centers on 8 and 9 November, for the installation of polling stations and the development of the call “was requested.
On the eve of the November 9 access to an undetermined number of high schools, colleges and government centers dependent Generalitat crossed.
The Office accuses the Government from engaging “in spending public funds to make available to the conduct of public officials and suspended consultation body of the Mossos d’Esquadra” whose superiors ordered that fought that 9-N is present in the workplace.
He also cites that public money expenditure incurred: and telecommunications , material development, institutional dissemination, maintenance of the website consultation, opening schools and public buildings and offices of the Government abroad, the cost of the courier and postal services Unipost which distributed “individual mailbox election propaganda with which the regional government aimed to encourage ‘Catalans’ to rule” on the political future of our country “9-N. Both the envelope and figure on the ballot as the only institutional letterhead of the Government deCatalunya.
The suspension of TC was “a term of not doing” that did not need the Government requirements
The defendants They spent “for uses other than public function” flows having made available by reason of their duties, according to prosecutors seeking to quantify the trial public expenditure in which they incurred to “consummate disobedience to the suspension. ” In this regard, notes that, according to various media, the cost to the public purse was around 9 million euros.
The Civil Chamber of the Supreme Court and Criminal Catalonia is responsible for judging Mas and her counselors, because they are gauged against this upper body. Now create a Board of Admissions, consisting of the President – Miguel Ángel Gimeno – and two judges of which one will be the speaker and if the complaint is accepted, it will become the instructor criminal case.
If present resources, the Supreme Court of Catalonia form a resource room with judges of the Civil Court and Criminal who have not taken part in the deliberations of this complaint.
The dome of the prosecution on Wednesday endorsed the order issued by the state attorney general, Eduardo Torres-Dulce , the Catalans prosecutors saw no offense in the performance of Mas and its directors in connection with the organization 9 -N. None of the 26 members of the Board of the Chamber of Tax supported the position of chief prosecutor in Catalonia, José María Romero de Tejada .
More faces up to ten years inhalibitación by “arbitrary”
The complaint behavior Attorney ministry involves Mas jail for his vice president and his counselor. These are the crimes that have considered the three defendants guilty:
1. Gross disobedience committed by public authorities (Article 410 of the Penal C)
Pena. Fine of three to twelve months and disqualification from public office for a period of six months to two years
The Prosecution considers that the actions of Mas was a direct disobedience to hurt “the integrity of the jurisdiction of the TC and the effectiveness of its interim protection of the constitutional order.”
Faced with prosecutors Catalunya, considered the TC had deliberately avoided the Mas communicate its decision, the complaint filed is categorical:
“The mandate contained in the resolutions of TC was a mandate to do that by its nature did not need further requirements , as it was not necessary to activate administrative some action, but its very existence implicabala abstention from further decisions aimed at the consummation of the act suspended “.
For the prosecution, the attitude of Mas and its three directors meets the requirements of the law regarding what is an open, “frank, clear, clear, undeniable, undisguised, unequivocal obvious or” disobedience.
And states that would have been “virtually impossible and futile to challenge one by one all the acts made by the defendants that they supposed to do forbidden, especially when it came to administrative acts that the defendants deliberately materialize by themselves assault, verbally or by actions not documented “.
2. Usurpation of functions or obstruction of justice committed by authority or public official (Article 508.1 of the Penal Code.)
Penalty: imprisonment from six months to one year, a fine of three to eight months and suspension of employment or public office for a period of one to three years.
The conduct of the defendants “has filled the typical demands” of this offense and the jurisprudence.
This article “protecting the separation of powers” and, according to the prosecution, “ is at stake, really, “the” validity of the decisions of the TC in the territory of Catalonia “that was” countered no legal basis for exercise target “of governmental prerogatives Mas.
3. Ongoing administrative malfeasance (Article 404 of the Penal C. Combined with the 74.1.)
Penalty: special disqualification from public employment or office for a period of seven to ten years. If there is a preconceived plan or a plurality of actions, punishment must impose the most severe penalty in this case 10 years.
The prosecution believes that Mas and his two counselors exercised “the to arbitrary “by” an exercise of public functions target bearing “to get a query that was suspended by the highest body of constitutional guarantees.
4 . Misappropriation of public funds (Article 433 of the Penal Code.)
Penalty: a fine of six to twelve months, and suspension from public office for a period of six months to three years.
According to the prosecution, the defendants have made expenditures of public money “to carry out an unlawful not but act constituting an offense in both suspension-infringing process agreed by the Constitutional Court.” Funds “ have been deliberately and ab initio for a radically alien to the civil so,” says the complaint.
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