argia.eus
INPRIMATU
The Supreme Court orders Puigdemont to be investigated for terrorism: the keys to the case
  • The Spanish Supreme Court joins Manuel García Castejón, judge of the National Court investigating the Democratic Tsunami movement, who sees well researching Carles Puigdemont and eleven people and opening a criminal case against them. Here are some keys to understanding the issue in question.
Xabier Letona Biteri @xletona 2024ko martxoaren 01

The National High Court. Judge Manuel García Gastejon has been investigating the Democratic Tsunami movement for more than four years. Its main conclusion is that this movement has a terrorist character and has carried out terrorist actions in search of concrete objectives. That is why it wants to prosecute twelve people, including the former President of the Generalitat, Carles Puigdemont, and the MEP and leader of Junts.

Spanish Supreme Court. He unanimously shares the main thesis of Judge García Castejón and looks forward to investigating the Democratic Tsunami for terrorism. In his arguments it can be read that during the occupation of Prat airport in October 2019 and during the demonstrations in Barcelona that year there were a large number of illegal actions, such as the attack on authority, the falsification of air tickets, serious damage to property, absolute violence and chaos, the use of headgear by members in demonstrations, the use of dangerous instruments and the use of explosive forces of all kinds of police. These can take place in many conflicting streets, but if all this is done in a concrete direction and with specific objectives, they can be grouped in the name of street terrorism. What were the goals? The intention to break constitutional order, the serious breakdown of public peace or the spread of terror to some of the population.

The Public Prosecutor's Office. Driven by the prosecution, the Spanish Government has tried to remove terrorism from the Catalan sovereign process, but it has not been enough. Carlos Conde, the Prosecutor’s Office of the Spanish Supreme Court, refuses to investigate Puigdemont Tsunami because he sees no evidence for it. The Supreme Court also considers that it has no jurisdiction to judge this issue and therefore requests that the case of Puigdemonte be referred back to the National Court. Obviously, with the last sentence, the Supreme has ignored him.

Investigated. The MEP Carles Puigdemont and the MEP of Catalonia Rubèn Wagensberg (ERC) should investigate in the National Court for being empowered. Ten other persons before the National Hearing: Oriel Soler, Xavier Vendrell, Marta Molina, Josep Campmajó, Jesús Rodríguez, Jaume Cabaní, Oleguer Serra, Marta Rovira, Josep Lluís Alay and Nicola Flavio. To this end, the Supreme Court ' s resolution states that the perpetrator of the crime is a group, an institution or several persons, or acting alone or in a group, whatever their absence in certain terrorist organizations or groups, which may be guilty if they coincide with their purposes, such as those set out in article 573.1 of the penal code.

“Everything is Tsunami.” This reading is very similar to the doctrine “Everything is ETA” that the Spanish State put into effect at the beginning of the twenty-first century to deal with ETA. The Democratic Tsunami movement was born in September 2019 in response to the harsh condemnation of those indicted by the referendum of 1 October 2017. He has not known any leader or spokesperson and has relied on non-violent struggle and civil disobedience. The entire Catalan sovereign movement joined in its actions. Judge Castejón, for example, sees signs of terrorism in the heart of French citizen Jean Claude Scherzinger on the day of the occupation of Prat airport; according to the Civil Guard, the Tsunami blockade delayed his transfer to hospital by one hour.

Context. Incidentally, the judgment of the Supreme Court has just emerged in full negotiation with the PSOE and the Amnesty Law Boards. Forced by the PSOE, Amnesty Law excluded terrorist offences from amnesty. According to this, all those who are now being investigated or dozens of people from Tsunami or CDRs can be left out of the amnesty law. So on January 30, Junts refused the law. Consequently, the Government of Spain may also be affected because the Junts deputies are fundamental for the Government of Pedro Sánchez not to fall.