TWO weeks ago today, the Spanish Supreme Court suspended the president of Catalonia after he had refused to remove a banner from his office declaring support for independence-supporting political prisoners and exiles.
Clara Ponsati, now an MEP, was one of those political exiles. Driven from her home nation by arrest warrants after the Catalan independence referendum of October 1, 2017, Ponsati took refuge in Belgium and then Scotland, where she is a professor in the school of economics and finance at the University of St Andrews.
In an exclusive interview with The National, Ponsati outlines what is happening in Catalonia, and why we in Scotland should pay attention.
Q: Hi Clara. Could you explain what has happened with Quim Torra and the Spanish Supreme Court?
A: On September 28, the Spanish Supreme Court confirmed the conviction of President Torra for a crime of disobedience.
It carried a sentence of 18 months of disqualification from public office, which has entailed his removal as president of Catalonia.
READ MORE: IN FULL: Quim Torra's speech on independence after being removed as Catalan president
His “crime” consisted of refusing to remove a banner reading “freedom for political prisoners and exiles” after the Spanish Central Electoral Board had ordered him to because, in their opinion, the banner infringed the principle of neutrality to be observed during political campaigns.
Q: The Spanish Supreme Court said Torra had “repeatedly and stubbornly disobeyed the orders of the Central Electoral Board” – how can he defend himself against these charges?
A: Firstly, it should be noted that President Torra did in fact end up removing the banner some days after receiving the order. Secondly, he does not deny disobeying the Central Electoral Board – he argues that his actions were protected under his right to freedom of expression, that his actions do not constitute a crime.
In any case, to remove a democratically elected president on such grounds is evidently against any principle of proportionality, among many other technical arguments that make the ruling preposterous.
Q: Why should this matter to someone outside of Catalonia?
A: It should matter to any democrat. This ruling is contrary to the freedom of expression and to basic principles of the rule of law.
It is only the latest of the many breaches of the rule of law by the Spanish state and specifically the Spanish Judiciary against the pro-independence movement.
READ MORE: Aamer Anwar says Quim Torra's ban from office 'politically motivated'
From the perspective of a stateless nation such as Scotland, the fact that a supposedly democratic country in the European Union can act systematically and arbitrarily against a national minority without receiving even the slightest criticism from European institutions or other European countries should be worrying news.
Q: Aamer Anwar [the Scottish lawyer who represented Ponsati during her extradition hearings] said Torra’s case was a “politically-motivated prosecution” – how could this benefit the Spanish Government politically if there is international outrage at their actions?
A: Firstly, and I am sorry to say this, there has not been an international uproar. The official answer from the EU and the major EU countries to the removal of President Torra, or anything relating to the repression of the pro-independence movement, is that this is “an internal matter for Spain”.
We have very good friends in Europe that have spoken up, as they always do, and we are very thankful.
But Spain has already accepted that in order to fight the pro-independence movement it has to incur a certain amount of damage to its reputation as a democratic country, and thus these complaints alone will not make it change its course of action.
Q: In his speech after his removal from office, Torra said “that the irregularities committed to overthrow a new president will be judged in Europe, which is the only place where Catalan pro-independence activists, as well as the just and legitimate cause for independence, can find justice. What steps will the Catalan government and you as an MEP be taking to ensure this is the case?
A: Legally the decision will be contested first in the Spanish Constitutional Court, in which I have no faith, and then in the European courts, which I hope will rule impartially.
European institutions have so far failed to act to protect the rule of law and the Catalan minority in Spain.
My role as an MEP is to take every opportunity, as I have done in the plenary, to explain, protest and condemn the actions of the Spanish state and the EU’s silence.
From a political perspective, the Catalan parliament has approved a resolution protesting the removal of President Torra but, other than that, what will happen is that no other president will be elected and a Catalan election will be called automatically.
At this time, there seems to be no consensus as to how to politically contest the acts of repression.
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