The sentence of the procés proves that the convicted participated in a "concerted strategy" with which it was "to create an apparent legal coverage that would allow the citizens to believe that, when they voted 1-O they would be contributing to the" founding act "of the Independent Republic of Catalonia. That agreement "implied a functional distribution among its protagonists" with the "purpose of achieving a relevant participation in the consultation." This is how the Supreme Court narrates the proven facts:
September 8, 2017: LEGAL COVERAGE
The account of the proven facts begins by recalling that on September 8, 2017 , the Law of the Parliament of Legal and Foundational Transition of the Republic was published , which proclaimed that sovereignty resided in the people of Catalonia, declared the Constitutional Monarchy abolished and converted President of the Republic in the head of the Catalan State. He also cites the referendum regulatory law of September 6. Both texts, which were declared void by the Constitutional Court, "were part of a concerted strategy of the main defendants" to "create an apparent legal coverage that would allow citizens to believe that when they voted they would be contributing to the founding act of the independent Republic of Catalonia".
The Supreme speaks of "a normative body in open contradiction with the constitutional bases of the system." And remember that the then president of the Parliament, Carme Forcadell, "disregarded the multiple warnings and personal requirements formulated by the Constitutional to refrain from processing such initiatives," voted systematically in favor of admission and opened the possibility of that the constitutional norms be violated ".
In parallel, on September 7, 2017 , a government agreement was approved at the proposal of the Vice President, Oriol Junqueras , and the advisors Jordi Turull and Raül Romeva to authorize the different departments to perform the necessary actions and contracts to perform the vote
September 20, 2017: "TUMULTO" BEFORE THE COUNSELING
The Supreme said that the leaders of the ANC and Omnium , Jordi Cuixart and Jordi Sànchez , "summoned the population" through Twitter and WhatsApp to appear before the headquarters of the Ministry of Economy and Finance Vice Presidency of the Generalitat to protest the arrests that had been made by the Civil Guard by court order and the records that were available at this headquarters. "The calls not only publicized that there was a performance of the Civil Guard aimed at preventing the referendum, but they disclosed the place where the judicial registration was made, they called on the citizens to defend the Catalan institutions, they demanded that the Civil Guard put the detainees were released, and the Catalans were asked to mobilize. They were encouraged to say that they could not with all of them, that law enforcement had made a mistake and declared war on those who wanted to vote. "
There were 40,000 protesters and "the mobilization prevented the Civil Guard from introducing detainees into the building" because of the "tumult." "It also prevented that the court order could be attended with full normality. It is proven that Sànchez and Cuixart, who got to get into one of the Civil Guard cars," repeatedly addressed the crowd to conduct their performance " Seven cars of the Armed Institute "ended with major damage."
Similar situations were reproduced in other venues, with protesters "in a hostile attitude" that "shook and hit" vehicles. The defendants expressed in social networks messages of thanks and encouraged active participation in the referendum declared illegal.
SEPTEMBER 21, 2017: PROTESTS
On September 21, 20,000 people gathered in front of the headquarters of the Superior Court of Justice of Catalonia in protest at the judicial decisions taken to prevent the referendum from being held. Forcadell addressed them asking for the freedom of the detainees. There were also "hostile" rallies before several barracks and "some citizens, with marked hostility, rebuked the agents who were staying in different hotel establishments." The next day there were "concentrations with similar inspiration" before other Civil Guard units.
September 28, 2017: MEETING WITH THE MOSSOS
Those responsible for the Mossos met with Puigdemont , Oriol Junqueras and Joaquim Forn , the Interior Minister, to propose the suspension of the 1-O vote because of the security problem that could arise, but they replied that they would continue and Forn asked that the priority objective of the police intervention be "to preserve the 'coexistence'": "By doing so he concealed his true purpose that the actions of the Mossos would not constitute a risk for the criminal objective of the co-defendants", warns the High Court.
He adds that "the State authorities believed in the forecast of 'normality' affirmed by Forn and that he would comply with" the law, which "contributed to the inhibition of the actions of the other State Security Forces and Corps in all matters to the occupation of the voting centers under the initiative known as ' Escoles Obertes ' ".
OCTOBER 1, 2019: A "NO VALUE" VOTE
The 1-O citizens were called to vote. The TS sees that the Ministry of Forn had the "firm decision not only not to prevent the vote but, rather, that the police criteria set forth there guaranteed its effective realization." The day before, an intense campaign called "Escoles Obertes" had been carried out, in which Dolors Bassa , the Minister of Labor, intervened, which avoided for himself the ordinary competence of the directors of the schools. During the weekend whole families entered the educational centers under the "simulated conjecture, which is not truthfully believed, that such massive occupations had a purely festive purpose to playfulness", when the "obvious objective" was none other than keeping them open until 1-O. So this day "multitude of citizens" bet on the schools to vote, despite the fact that the Constitutional Court had declared the call illegal.
"In several places there were clashes between members of the Security Forces and citizens participating in the vote, who tried to prevent at all costs the fulfillment of the judicial resolution of which the agents were carriers," describes the Supreme. He argues that national police and civil guards "were forced to use legally enforced force" and that the confrontation between citizens and law enforcement officials resulted in injuries that, in many cases, required optional assistance. "When," at first in the afternoon, since the use of force could become disproportionate, the agents received orders and were hopelessly forced to decline the initial purpose. "
For their part, the Mossos "did not interfere in the issuance of votes, beyond any apparent action and in a minimum number of centers. In some cases they even collected, took charge and transferred electoral material, which was delivered to them by citizens that carried out the management of the corresponding polling stations. "
The ruling states that the presidents of the polling station could not be appointed because of the "absence of a census with guarantees of authenticity and the work of the State Security Forces and Bodies", who seized the electoral material, so the tables they were constituted with the citizens "who at an earlier time went to the voting center". Three days later, the Central Electoral Board determined that the results presented "lacked any value."
OCTOBER 10, 2017: THE SPEECH OF PUIGDEMONT
Puigdemont appeared before the Plenary of Parliament to give an account of the vote and "state that he complied with the mandate of the people of Catalonia to convert it into an independent state in the form of a republic." He then proposed that the Parliament suspend the effects of the declaration of independence in order to achieve "a dialogue". After his speech, Junts pel Sí and the CUP signed what they called a declaration of independence, in which they agreed, among other things, "to constitute the Catalan Republic as an independent and sovereign state".
OCTOBER 27, 2017: INDEPENDENCE, IN THE PARLIAMENT
The Parliament declared the independence of Catalonia by 70 votes in favor of a total of 135 deputies. The Supreme Court considers that it was a "symbolic and ineffective" statement that did not have a practical realization because that same day the Senate approved to apply article 155 of the Constitution. All members of the Government were ceased, the Autonomous Chamber was dissolved and elections were called. Thereafter "a process of legislative processing was opened that developed in open and continuous opposition to all the requirements of the Constitutional, which, time and again, warned by personal notifications addressed to those accused of the illegality of the initiatives that were being promoted. " "These requirements were disregarded, as was the suspensive effects that, as a legal imperative, occurred with respect to the contested acts of the Chamber."
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