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This statement by Steffen Sally, German government spokesman, on arrest of Carles Puigdemonts in Germany, made it to front pages of all Spanish newspapers on Monday: conflict over Catalan independence movement Müsseauf basis of Spanish law, Sally had said. ” Spain is, after all, a democratic constitutional state. “
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The followers of DerUnabhängigkeitsbewegung are quite different: in Spain, KeineGewaltentrennung, y say, re is a “political justice”, judges are henchmen of government and would get ihreUrteile from Moncloa, Spanish Government Palace dictated. There, a vehement opponent of separatists sits with Conservative Prime Minister Mariano Rajoy.
The fact is that both Spanish attorney general and investigating magistrates have been extremely harsh in past months against members of deposed Catalan regional government. Many Spanish and international lawyers doubt that Politikernwegen of illegal independence referendum and ensuing secession declaration last October could actually be accused of rebellion. Finally, this calls for violence. But now former Catalan regional president Puigdemont was also arrested in Germany – basis of which is a European arrest warrant issued by Spain. The accusation, among or things: rebellion.
Does all this justify accusation that Spain’s judiciary is not independent?
“Formally exists of course EineGewaltenteilung,” says Joan Queralt, criminal lawyer at UniversitätBarcelona about Spanish judiciary. “There is, however, an influence of politics, especially at a higher level of justice.”
Thus, Spanish attorney general, who at moment issued arrest warrants against representatives of independence movement, is called by central government. But this is not so unusual: Generalbundesanwaltweisungsgebunden and Minister of Justice are also under jurisdiction of Germany.
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Also at DerBesetzung of Supreme Court Redetdie politics a word. The judges shall be appointed by a council elected by SpanischenParlament. The act is independent. But, “Dieangehenden judges are vying for sympathy of certain parties,” says JoanQueralt. “They feel obligated more to a certain party than institution after ir appointment.”
Carles Puigdemont-» He is physically as well as mentally very good «Carles Puigdemont is in good shape after words of his lawyer, although he is imprisoned in Germany. In Catalonia, protesters expressed solidarity with separatist leader. © Photo: Frank Molter/DPA A “psychological disposition” for independence
Carmen Lamela, who was employed at state court zunächstmit accusations against Catalan independence movement, for example, was considered a loyal advocate of KonservativenVolkspartei. It had been Medaillegeehrt by Ministry of Interior shortly before start of proceedings. The investigating judge Pablo Llarena does not know any links with politics. The speed with which he is present in investigation makes AberParteinähe suspect.
“You only have to compare once how many years ObersteGericht was dealing with great corruption scandal Filesa – and how fast it now acted with arrest warrants. The WarHöchstgeschwindigkeit, “says Queralt.
The most obvious indication of a political procedure against opponents of independence is given by Catalan criminal lawyer in justification of custody of eight detained politicians. There is talk of a possible “psychological disposition”, which accused may hold on to dream of an independent Catalan republic after being dismissed, and n again let DieVerfassung be violated: “Llarenas judgement is based on a PolitischenIdeologie, not on facts, “says Queralt.
The human rights organisation Amnesty International expresses itself in a differentiated manner with accusation of “political justice” in Spain. It has so far only criticized DieUntersuchungshaft leader Derproseparatistischen Civic Associations Òmnium Cultural and Assemblea Nacional. The two “Jordis”, who were in custody since September, were not politicians at time of ir arrest, but organized mass rallies for independence. The human rights organisation calls for its release and withdrawal desVorwurfes of rebellion. It has not yet expressed its opinion on detained politicians.
