Former Catalan President Carles Puigdemont, this Thursday in Brussels.OLIVIER MATTHYS (EFE)
The appeal filed this Friday by the Public Prosecutor’s Office of the National Court in the Tsunami Democràtic case, which rejects the summons of the former Catalan President Carles Puigdemont as a defendant and insists that he does not appreciate terrorist crimes, includes criticism of the conclusions reached by the Guardia Civil and Judge Manuel García-Castellón on the movement that sparked the protests that took place in Catalonia following the October 2019 Supreme Court ruling condemning the leaders of the trial. These are the most important:
“No hierarchies, no distribution of functions.” Prosecutor Miguel Ángel Carballo excludes that in the four years that the investigation has been ongoing, evidence has been found that proves the existence of a “criminal organization or group” behind Tsunami: “Neither hierarchies nor the distribution of functions have been accredited. among these.” Neither the existence of a governing body nor the joint commission of various crimes was investigated. In short, there is no association of people or joint commission of offenses involving more than two people,” says the appeal sent by the Ministry of Public Affairs to the Criminal Chamber of the National Court.
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“No structure has been accredited.” “There is talk of an alleged support structure in relation to communications, logistics, legal, economic and operational matters, but no information is given about the sources of evidence for its existence, let alone who would be responsible for the respective measures.” Division of labor […] Beyond the statements on Twitter and finally the computer application [de Tsunami]No structure has been accredited.”
“Assume acts of violence.” “It is true that some actions confirmed by this platform gave rise to serious unrest and confrontations, but there is not a single piece of information in the proceedings that would allow the respondents to be imputed because of their positive opinion towards them.”, to the carrying out of acts of violence against police forces or other actions, such as the destruction of street furniture, and even less to their instigation, cooperation or participation,” the letter states, which continues: “It is not possible to cause deaths or injuries or damage to one of the persons examined.
Leader? “The existence of a management level cannot be supported by the mere statement of one respondent referring to another and asking him: ‘Whether the big boss knows a little about who I am…’.” This is extremely inadequate. As well as the references of the same person studied about “the leader who told them that they were ready for this”: without knowing who that leader is, nor without making it clear which leader or boss he was.”
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“The Foundership”. “As far as the financing of the movement is concerned, the data presented does not even suffice for an objective suspicion, since it is based on the statement of two tsunami spokesmen on Catalan public television who, without this reference, would refer to a ‘resistance fund’.” “The identity of such speakers must be known, much less their qualifications to reliably support these statements,” the appeal states. The Guardia Civil’s latest report credits an Italian citizen (Nicola Fabio Giulio Foglia) with offering 6,000 Swiss francs, about 6,200 euros, to “buy food and water” for the protesters taking part in the blockade of El Prat airport ( Barcelona) took part). ). However, the public prosecutor adds: “At no time could it be proven that this or any other amount was paid for this or any other act.”
“Lack of motivation”. Prosecutor Carballo criticizes that last Monday’s order lacked a “lack of general motivation.” Of the dozens of defendants – including Marta Rovira, secretary general of the ERC – the judge dedicated only “barely” a part to arguing Puigdemont’s allegations, according to the ministry.
Marta Rovira (ERC). “The acts attributed to him lack any criminal substance, apart from his sympathy or support for the Tsunami Democràtic platform.”
Puigdemont (Junts). “After examining the basis of the contested decision, no presumption can be made regarding criminal liability in the present proceedings,” says the former Catalan president’s appeal. The prosecutor diminishes the value of the messages intercepted by some defendants relating to Puigdemont; criticizes the fact that, after four years of investigations, the judge now confirms that the investigations are in an “initial phase”; and describes “at least” García-Castellón’s move to offer the former president to voluntarily testify as a defendant before sending a request to the European Parliament, of which the former head of government is a member, as “naive”. .
Without terrorism. The public prosecutor’s office claims that after the deletion of sedition from the criminal code, it will only consider crimes that constitute a serious disturbance of public order. He excludes that the events can be considered terrorism and considers the argument put forward by the judge to be “insufficient” to support them: “He does not support such a claim beyond disclosing the content of the international instruments that define terrorism , or rather: establishing the requirement of a legal framework within which the signatory countries must develop their criminal legislation.”
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