The findings of a group of independent human rights experts are published after amending the complaint of Oriol Junqueras i Vies, former Vice President of Catalonia, and three former ministers, Raül Romeva i Rueda, Josep Rull i Andreu and Jordi Turull i Negre.
The Four former Catalan separatist leaders have been suspended from public service before being convicted about the region’s 2017 independence attempt and was indicted on sedition charges.
Independent Catalonia
The Parliament of Catalonia passed a law allowing a referendum on the independence of Catalonia, in September 2017. Despite the suspension of the Constitutional Court and police intervention, the referendum took place. on October 1st.
In mid-October, Spain’s Constitutional Court ruled that both the law and the referendum were unconstitutional and void.
However, The Parliament of Catalonia declared independence and was therefore immediately dissolved of the Government of Spain.
‘Treason’
The panel of experts said Mr Junqueras and three ministers were indicted along with other officials for treason, which included calling for a violent uprising against the constitutional order.
“The Commission has taken an important step in asserting that safeguards against restrictions on political rights should be applied more strictly if such restrictions had occurred first, rather than later. , was found guilty of an offence,” said Commission member Hélène Tigroudja.
Noting that the four complainants appealed to the public to strictly maintain the peace, the Commission held that the decision to charge them with sedition, which resulted in their automatic suspension prior to conviction, could not foreseen and therefore have no reasonable basis. and objective grounds prescribed by law.
Suspended
The Criminal Procedure Act only authorizes the suspension of officials when they are charged with sedition. However, they were suspended from their function as Members of Parliament in July 2018, the Committee reiterated.
During their pre-trial detention, four former members of Parliament brought their cases to the Commission of independent experts appointed by the United Nations, alleging that their suspension from public service, before being convicted of violating their political rights under Article 25 of International Covenant on Civil and Political Rights.
In October 2019, four of them were found guilty of sedation, a charge that did not include violence, as opposed to sedition, and their suspensions were lifted.
“Decisions to suspend elected officials should be based on clear and foreseeable laws, provide a reasonable and objective basis for the restriction of political rights, and must be applied based on an individual. Such approaches and safeguards are the best way to ensure respect for institutions and promote the rule of law in a democratic society,” added Tigroudja.
Independence UN human rights experts designated by the United NationsDong Nhan Quyen Associationbased in Geneva.
They operate as their own individuals and are not employees of the United Nations, nor are they paid for their work.
