SPANISH Prime Minister Pedro Sanchez and his predecessor were yesterday named as being among a host of political and judicial figures who will be cited to give evidence in a Scottish court as Spain continues its attempts to extradite Clara Ponsati.
The University of St Andrews professor and former Catalan education minister is facing a charge of sedition – which does not exist in Scots law – over her role in the independence referendum in Catalonia in October 2017.
Gordon Jackson QC told a procedural hearing at Edinburgh Sheriff Court yesterday that her defence would call senior figures from Spain’s judiciary and political world to give evidence.
He said one concern to be considered was whether she would receive a fair trial in Spain.
Ponsati’s lawyer, Aamer Anwar, told journalists outside the court: “Spain’s politically motivated prosecutions are driven by vengeance and a total contempt and lack of respect for international law and human rights.
READ MORE: Jailed Catalan leaders key to coalition of Socialist parties
“On that basis we intend to cite some of the following witnesses whose views on the political trials of the Catalans are a matter of public record.
“We will seek the assistance of the Spanish state in asking them to attend.”
He then gave details of those to be cited. The list includes former deputy PM, Soraya Saenz de Santamaria, who was known as the Madrid government’s enforcer for Catalonia; Josep Borrell, the former foreign minister who was responsible for a diplomatic wrangle dubbed the “Scotland papers” which triggered the sacking of the Spanish consul to Edinburgh; and Santiago Abascal, MP and leader of the far-right Vox party.
“Catalonia cannot be stopped by a reign of terror let loose against those who speak for peace and freedom,” said Anwar.
“Spain no longer has the luxury of waiting, nor can Catalans wait until those who are desperate and angry explode with fury.
“Clara Ponsati needs your support as she takes on the might of the Spanish state, but this independence movement is bigger than any one individual, prisoner, politician or exile. What Catalonia does next will the determine the destiny of generations to come.”
Jackson told the court the case would focus on the independence of Spain’s judiciary: “We intend to call senior figures from the judicial and political worlds in Spain, including the Prime Minister, former prime minister, former foreign minister and heads of political parties. We are very much on the line of the ability to get a fair trial, standing what has already been happening in related cases in Spain.
READ MORE: Clara Ponsati supporters prepare for December 12 court date
“There are people in jail in Spain in related cases. There is certainly going to be focus on the independence of the judiciary and the ability to get any fair trial for this woman if she goes back to Spain.”
Ponsati could be sentenced to 15 years in prison if convicted, after nine other Catalan politicians and civic leaders were jailed in October for between nine and 13 years for sedition.
Sheriff Nigel Ross set a date for a further procedural hearing at the Edinburgh court on January 23, with a full hearing expected later next year.
Anwar said: “Whilst today the UK votes in the General Election, it is ironic that five years ago Scotland took for granted a fundamental human right, the right to vote on self-determination and is likely to do so again.
“Whether people voted for or against independence in Scotland, peaceful democrats could feel nothing other than abject horror as Spain unleashed unprovoked violence on the Catalan people. Instead of choosing a civilised and democratic response, Spain tried to crush a people for simply voting and then attempted to ‘decapitate’ a movement by jailing its leaders.” He added: “Clara regards it as surreal that she is accused of treason ... To put the charge of treason in context, just imagine if tomorrow Nicola Sturgeon won the election in Scotland and were to call a referendum and the British Prime Minister Boris Johnson sent in 15,000 police officers to attack voters, imprisoned half the Scottish Government whilst issuing warrants for our First Minister … and others who sought sanctuary in Europe, threatening them with 15 years in prison for sedition if extradited or convicted.
“A true democracy guarantees the absolute freedom of expression and politicians must be able to speak freely, independently and without fear of any form of prosecution or punishment.”
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