Albert Salamé of Vilaweb
Written by Jordi Oriola Folch
On December 6, Day of the Spanish Constitution, a massive demonstration was held in Barcelona to reject the future reform of the penal code. The Spanish State has an improper crime in Europe, the crime of sedition with which the politicians who organized, in 2017, the Catalan independence referendum were convicted.
This crime, created in 1822, condemns with very high penalties mass demonstrations that prevent the enforcement of laws even if no violence is used. In Europe it would be considered an anti-democratic law because it can impede the right to demonstrate. That is why the justice in Belgium, Germany and Italy, not observing violence in the investigated facts, rejected the delivery to Spain of the Catalan president Carles Puigdemont for sedition.
For all this and by request of the Council of Europe, Spain was forced to eliminate this crime, but wants to replace it with a new crime of “aggravated disorder” which aims, according to the members of the Spanish Government, to be able to continue condemning any type of large non-violent demonstration made by the Catalan independence movement.
Apparently the maximum penalties for this new crime would be lower than the previous one, but ultimately the same sentences could be reached for the organizers of the 2017 referendum (from 9 to 13 years in prison). Moreover, in this new interpretation, a mass demonstration would be a crime if it is considered to “obstruct the public road”, to “intimidate” (a very ambiguous term), to “occupy a building or facility” without violence, or if “a crowd suitable to seriously affect public order” (very ambiguous) is summoned or attended. To make matters worse, the minimum sentence for this crime (which could involve participating in a non-violent demonstration) is increased to 3 years in prison!
Also the Spanish government have justified this new crime because it will allow to extradite from Belgium the president Puigdemont, as if they had written this law ad hoc to lock up in prison the “number one enemy” of Spain.
The pro-independence movement rejects this change of one crime for another, because a crime that had its days numbered is repealed, but is replaced by another crime that is designed to prevent the Catalan pro-independence project, without caring about violating fundamental rights. And all this for the simple fact that the ultra-nationalist Spain, which emerged from the Franco dictatorship, does not accept what this legitimate political movement proposes and thinks that anything goes to maintain the unity of Spain. But that is not so, democracy and the right of self-determination of peoples are superior values that must be respected.
