This letter expresses our indignation over the decision by the
Spanish judiciary to prosecute two political scientists and three
jurists. The political scientists Jordi Matas (full professor,
Universitat de Barcelona), Tània Verge (associate professor, Universitat
Pompeu Fabra, Barcelona) and the jurists Marc Marsal (part-time
lecturer, Universitat de Barcelona), Josep Pagès (part-time lecturer,
Universitat Autònoma de Barcelona) and Marta Alsina (lawyer) were
appointed members of the Electoral Commission in September 2017 by the
Parliament of Catalonia to monitor the self-determination referendum to
be held on October 1, 2017. The Spanish government challenged the
legality of this referendum and about ten days before it took place, the
Spanish Constitutional Court forced all the electoral commissioners to
resign by imposing a fine of 12.000 Euros per person for each day that
they remained in their position. Even though they resigned, the Spanish
judiciary went a step further and decided to prosecute the members of
the Electoral Commission. They currently face criminal charges of
“disobedience” and “usurpation of functions” and are facing the very
real possibility of up to two years and nine months in prison.
It
is probably the first time in the history of the European Union that
political scientists and jurists are being threatened with a prison
sentence for just doing their job, which is both outrageous and
disproportionate. After all, these political scientists and jurists’
only ‘crime’ consisted in using their expertise to guarantee that the
referendum would be held in a fair and impartial way. In doing so, they
acted at the request of the Parliament of Catalonia which had a valid
legal mandate at the time that derived from Act 19/2017 relating to the
self-determination referendum of Catalonia. Our colleagues therefore did
nothing illegal since the Spanish Criminal Code does not have any
specific legal provision to punish the organising of referendums, even
if they are not authorised by the central state. Thus, their prosecution
is not only a spurious one but is also grounded in political reasons,
which is a blatant violation of human rights.
We, the
undersigned, professors of political science, law and other disciplines,
denounce Spain’s persecution of basic democratic and civil rights.
While we do not seek to take a position on Catalonia’s independence in
this letter, we firmly condemn the illegality of imprisoning someone
because of her or his political beliefs. The global community of
university professors is indignant over the prosecution of our
colleagues and demand the immediate removal of the threat of a prison
sentence and the dropping of all criminal charges filed against them.
TO ADD YOUR SIGNATURE, PLEASE EMAIL: catalunyademocracia@gmail.com
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