• Courts.Quim Torra loses his approval and his second disobedience will be processed in an investigating court

The Court of Instruction number 24 of Barcelona has resumed the investigation proceedings against the former president of the Generalitat, Quim Torra, which the Superior Court of Justice of Catalonia (TSJC) initiated for a possible crime of continued disobedience.

Last September, before his disqualification, the former president appeared as investigated before the magistrate of the Catalan high court.

Although Torra did not want to testify, the judge explained that he was accused of not complying with the orders of the Administrative Litigation Chamber of the TSJC to remove a banner in favor of the independence prisoners sentenced for sedition and with a yellow ribbon from the balcony of the Generalitat before the general elections of November 10 and for committing another possible crime last January when he was disqualified as a deputy by the Central Electoral Board and replaced the poster.

With the loss of Torra's approval by ceasing to be president, the TSJC sent the procedure to the distribution office of the Barcelona courts at the end of October and the magistrate of Instruction 24 will be in charge of determining whether or not this possible disobedience exists. continued.

You must analyze whether Torra committed these two crimes by ignoring the orders of the TSJC that asked to remove the banner after the demand of the Citizen Impulse entity that considered that the poster at electoral time violated the neutrality to which public administrations are subject.

In a precautionary way, the court ordered the removal of the banner, although the former president argued that he prioritized freedom of expression over this neutrality and refused to remove it.

The Mossos d'Esquadra had to come, officiated by the magistrates, to do so.

The court is investigating whether Torra also disobeyed when he placed the banner that independence groups handed him in January before the Palau de la Generalitat after the Central Electoral Board communicated his disqualification as a deputy to Parliament after the first sentence of the TSJC.

The Supreme Court confirmed that he committed disobedience for not complying with the order of the board in the March 2019 elections and removing the same banner, which caused Torra to leave the Generalitat.

On January 3, the banner that Torra received was hung on the balcony for almost 20 days until the TSJC, at the request of Impulso Ciudadano, which acts as a private prosecutor in this procedure, ordered its withdrawal since the order that Torra was still in force I couldn't place it.

Now, the Court of Instruction number 24 of Barcelona will have to decide on whether to admit to processing the request of the parties so that charges from the Office of the President of the Generalitat and the Department of Presidency appear as witnesses.

Contentious claim

On the other hand, the Contentious Chamber of the TSJC must issue its decision shortly on whether Torra violated the neutrality of the administrations by placing the banner.

Impulso Ciudadano presented its brief of conclusions in this contentious procedure in which it recalled that when the Electoral Board first and the Catalan high court later ordered the removal of the prisoners' banner, another was put up with the text: "Llibertat d'opinió i d'expressió , art. 19 of the Universal Declaration of the Drets Humans ", which can still be seen.

The entity's demand indicates that the Generalitat "has not provided any administrative act that justifies the placement of the banner in the official building" with respect to the convicted independence leaders since "the decision of the President of the Generalitat to hang on the facade of the Palau de la Generalitat the banner with the slogan "Libertat prisoners poliítics i exiliats" and a yellow ribbon cannot be considered a material act constituting a de facto way, but rather an exercise by the President of the Generalitat of his freedom of expression " .

Impulso Ciudadano points out that, in its response to the demand, the Catalan administration "graphically equates the placement of the banner on the main balcony of the Palau de la Generalitat facade to wearing a yellow bow on the lapel of its jacket. Indeed, as Well, it indicates that this is the “core of the question.” Well, it must be taken into account that the American one in which the president of the Generalitat places the yellow ribbon is privately owned and does not have a predetermined purpose by law. On the other hand, the Palau de la Generalitat building is publicly owned and its use is regulated by the rules and is affected by the purposes that public institutions have by law. The difference is manifest. "

For this reason, the entity points out that "the president of the Generalitat cannot use and make use of public goods as he pleases in order for them to serve his personal interests, in this case his ideology. The seat of the Presidency de la Generalitat is not by Joaquim Torra, it is at the service of all Catalans and it is well known that Catalans cannot hang the motto they want on the balcony of the main facade of the building ".

In this way, the lawsuit demands the withdrawal of any banner from the Generalitat.

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  • Barcelona

  • Quim Torra

  • Supreme court

  • Mossos d'Esquadra

  • Catalonia

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