• Courts: A Barcelona court investigates Quim Torra's disobedience to the TSJC

"There was allegedly a lack of compliance on the part of the investigated. Without this implying making advance evaluations, the conduct of the investigated shows incidentally a stubborn rebellion against what was ordered."

This is how the titular magistrate of the Court of Instruction number 24 of Barcelona concludes the investigation against the former president of the Generalitat, Quim Torra, for placing the banner in favor of the sovereign leaders imprisoned for sedition in September 2019 and not withdrawing it despite the order of the Superior Court of Justice of Catalonia (TSJC).

After the decision of a few months ago by the Supreme Court to confirm a first sentence against Torra for disobedience in keeping the banner at electoral time, and not abiding by the order of the Central Electoral Board during the first campaign for the general elections of 2019, the case against The former Catalan president who was still in the TSJC, due to being gauged, for this new alleged disobedience went to an investigating court in Barcelona.

After several months of investigation, in which statements were taken from members of the President's Office and documents were requested from the Generalitat, the judge concludes that there are indications that Torra committed "a less serious crime of disobedience" for which she asks the Prosecutor's Office and the private prosecution, Impulso Ciudadano, to present their writings requesting punishment.

In addition, remember that Torra was summoned as investigated before the TSJC, shortly before his disqualification, and that he availed himself of his right not to testify.

Precisely, the procedure began in the summer of 2019 when Impulso Ciudadano presented before the TSJC an administrative contentious appeal to remove the banner in favor of the prisoners together with a yellow ribbon placed on the balcony of the Generalitat after the general and municipal elections .

The entity considered that the principle of neutrality of the administrations was violated.

The contentious chamber of the TSJC upheld the precautionary request of Impulso Ciudadano to remove the banner and ordered it to the president of the Generalitat on September 19, 2019. Torra had a period of 48 hours to do so.

Despite the Government's resources to avoid removing the banner, appealing to freedom of expression, the TSJC maintained its order and verified that on September 27 the banner was still in place.

For this reason, the Mossos d'Esquadra was instructed to withdraw and the Criminal Chamber of the same court was informed in case Torra had committed a crime of disobedience.

At the beginning of this year, criminal proceedings began against the then president of the Generalitat, who had already been convicted by the same court, and had been disqualified as a deputy by the Central Electoral Board.

Precisely, the same day that this body informed Torra that he could not be elected in the Parliament, the banner was placed again in the Generalitat, as the order of the Court of Instruction 24 of Barcelona recalls.

After the loss of Torra's approval, when he was disqualified from the presidency of the Generalitat with the confirmation of his first conviction for disobedience, the Investigating Court took over the investigation that is now concluding.

Everything indicates that the former president of the Generalitat will have to sit on the defendants' bench, since the Prosecutor's Office and Citizen Impulse will ask for punishment, for a crime of disobedience, although it will be in a criminal court and not before the TSJC as happened over a year ago.

Impulso Ciudadano is studying to appeal the judicial decision since it considers that Torra committed a continuous crime of disobedience by allowing the placard to be placed again in January of last year.

The president of the entity, José Domingo, assured this medium that "the order accredits that the second crime of disobedience of Torra existed. It is scandalous that whoever is convicted of disqualification and pending another possible conviction enjoys the privileges of the position of president of the Generalitat and use, as if they were yours, the facilities of the Generalitat ".

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  • Barcelona

  • Quim Torra

  • Mossos d'Esquadra

  • Supreme court

  • Catalonia

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