• Courts The court processes Quim Torra for disobeying by not removing the placard supporting the prisoners again

New judicial setback against Quim Torra. The former president of the Generalitat, who is one step away from being tried again for alleged disobedience by not removing the banner in favor of the independence leaders imprisoned from the balcony of the Catalan government building, has seen how the contentious chamber of the High Court de Justícia de Catalunya (TSJC) made him ugly that with this act his lack of neutrality since he used "for partisan purposes" the "facade of a property in the public domain, intended for general use such as the Palau de la Generalitat" and "for part of a body of the Institution, such as the head of the Presidency ".

This is indicated by the judgment of the TSJC that this media has had and that estimates the appeal presented by the entity Impulso Ciudadano against Torra's decision to place this banner shortly after the end of the 2019 electoral period, both for the general elections and the municipal ones, since the Central Electoral Board ordered their withdrawal. The then president did not do it and a criminal procedure for disobedience was initiated that ended with his sentence to disqualification and the payment of a fine. When this sentence became final after the appeal of the Supreme Court, Torra had to leave the presidency.

After replacing this banner again, with the same motto of "llibertat political prisoners and exiliats", in Catalan and English along with a yellow ribbon, Impulso Ciudadano challenged the decision and, in a precautionary manner, the TSJC ordered its withdrawal.

Torra ignored it again and found himself once again charged with a crime of disobedience that will lead him to sit on a bench in a criminal court.

In its judgment, the contentious-administrative chamber of the TSJC confirms the withdrawal of the banner, which was already done on September 19, 2019 by the precautionary measure, recalls that public institutions lack freedom of expression and that it is "contrary to the principle of political neutrality to place this type of symbols on public buildings. "

Catalans "legitimately" affected

The court rejects the Generalitat's argument that the placement of the banner was a political act that could not be controlled by judicial means and alleged freedom of expression. However, the sentence recalls that "the actions of the public powers, especially if it is by way of fact, must be subject to judicial control" and adds that "there is no frank or free space in our Law in that public authorities may act ".

In this sense, the ruling highlights that citizens who do not align themselves with the ideological option represented by the slogan on the banner and the yellow ribbon can be considered "legitimately" affected by the actions of Torra, who installed a banner in a publicly owned building. like the Palau de la Generalitat. In this sense, the magistrates believe that it violates the principle of objectivity and institutional neutrality of the Constitution.

They also recall that Torra can "exercise his right to freedom of expression, in all forums, including party headquarters, the Parliament, public and private media, social networks and other possible" and detail that, with the placement of the banner, it is "the use, for partisan purposes, since the ideological symbols used are only shared by a part of the citizenry, of the façade of a publicly owned building such as the Palau de la Generalitat, by of a body of the Institution, the latter being subject to the principle of objectivity and institutional neutrality contemplated "in the Constitution" in relation to those of political pluralism and ideological freedom "of the Magna Carta.

Private vote

The resolution of the TSJC has had the private vote of a magistrate who considers that freedom of expression did not belong to the institution but to former president Torra himself and recalls that "the placement of symbols or banners in institutional buildings is not an isolated phenomenon . This is a relatively frequent practice, especially in the case of municipalities "for numerous reasons such as" those that express a tribute or recognition, such as the flag of the sports club that has won a trophy; symbols of support or complicity, such as the pink ribbon of solidarity with those affected by breast cancer, or the LGTBI flag, those who express rejection, for example against sexist violence or against the Iraq war;u opposition to any infrastructure or initiative that is considered detrimental to the affected community; or also the exteriorization of religious symbols in public buildings on the occasion of certain festivities ".

Such heterogeneity highlights the need to fine-tune or specify either the motive or the grounds for legal rejection in order to define what is admissible and what is not "indicates the particular opinion that recalls that" the use without more than a general principle such as that of institutional neutrality is projected in the disqualification of a good part of the demonstrations that until now have been habitual and normally admitted by the community. "For this reason, it considers that the message on the banner is not illegal and indicates that" it cannot be prevented from public office expresses its beliefs or desires, or its position on aspects that it understands transcendent;

expression that cannot be limited to his private sphere, detached from the institutional public position he occupies ".

New campaign

After hearing the Citizen Impulse sentence, he hopes that "it will serve to end the pernicious practice carried out by many authorities of considering public buildings as ideal platforms to make their political ideology official." Thus, they believe that "neither employees nor public assets can be at the service of politicians who believe they have the right to use official buildings as a showcase for doctrines that also confront citizens and endanger coexistence."

For this reason, the entity announces that it will soon launch a campaign aimed at "cleaning public buildings of partisan propaganda by filing actions before the courts," so it "invites them to be removed from the facades of town halls, councils county and government offices partisan banners, unconstitutional or unofficial flags as well as all kinds of pro-independence symbols ".

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