- Previous: The TSJC judges the Parliamentary Table that Carme Forcadell presided over for disobedience
After the trial against the political leaders and independent civilians in the Supreme Court and against the Mossos d'Esquadra leadership in the National Court , the Superior Court of Justice of Catalonia (TSJC) today hosted the first session of the third trial by the procés , which affects secessionist members of the Mesa del Parlament in the stage that was chaired by Carme Forcadell (2015-2017).
Accused of disobedience, Lluís Corominas, Lluís Guino, Anna Simó and Ramona Barrufet sit on the bench , all of them deputies of Junts pel Sí [the coalition created by Convergència Democràtica and Esquerra Republicana for the elections that Artur Mas proposed as a plebiscite of independence in 2015]. The four members of the governing body of the Catalan Parliament in the last legislature are accompanied by Mireia Boya , then deputy and president of the CUP group in the Chamber.
All five face a request by the Prosecutor's Office for up to one year and eight months of disqualification and a fine of 30,000 euros for serious disobedience, having allowed resolutions in favor of the independence process to be debated in the Catalan legislative assembly, despite that the Constitutional Court had warned them of their obligation to prevent it.
Two of the most remembered sessions of that troubled legislature, which ended with the declaration of independence and the dissolution of the Parliament through article 155, were those of September 6 and 7, 2017, when the so-called disconnection laws were approved : that of the referendum of October 1 and that of legal and foundational transience of the Catalan Republic, later suspended by the TC.
Precisely, the former deputy Boya - who has answered the prosecutor's questions in Aranese [the variety of the Occitan language spoken in the Aran Valley] and with a translation into Catalan - was charged by the Supreme Court for having presented as president of his parliamentary group proposed the law that created an alternative legal framework to Spanish in the event that the yes to independence won the referendum.
The "parliamentary inviolability" has been the axis of the script with which the defenses of the accused have argued that the pro-independence members of the Mesa did not disobey the orders of the TC during his mandate. The lawyer Judit Gené , who defends Corominas, Barrufet and Guino (all three of the PDeCAT ), has argued that the accused limited themselves to guaranteeing "freedom of expression" for all the deputies, as well as "parliamentary autonomy" and " separation of powers".
On the contrary, the Prosecutor General's Office has warned that this supposed inviolability is not "an unlimited right", since it protects them for the exercise of parliamentary action, but must not be "violated or used against the rights of other deputies or a part of citizenship ”, so their actions are“ susceptible ”to judicial control.
This cause was taken up by the TSJC after the Supreme Court decided to separate it from the one that ended, last October, with the conviction of Forcadell. The trial will continue this Wednesday with the statement of several witnesses and will be seen for sentencing on Friday after the final reports and conclusions.
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