TEXT: Instructions by Judge Llarena, January 9 2018

Traducció no oficial, feta per M. McNaught i M. Strubell. Original: https://issuu.com/joseprexachfumanya/docs/providencia_citaciones_y_diligencia

Supreme Court. – Second Chamber

SECTION: 004

SECRETARY: ILMA. Sra. Da. Maria ANTONIA CAO BARREDO

APPEAL: 003 / 0020907 / 2017

ISSUED BY INSTRUCTING JUDGE His Excellency, Sr. Don Pablo Llarena Conde

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         Madrid, 9 January 2018.

                 Recorded. The carrying out of the following procedures was agreed:

1. The relevant Police Group is required, in the form of a single, broader report of the report 2017-101743-00000112, to contribute objective evidence that can support the material reality of the following events:

a)     The agreement of governance, allegedly signed on 19 December 2012 between political parties CiU and ERC, called "Agreement for national transition and to guarantee national parliamentary stability of the Catalan  government", referred to on page 14.

b)    The speeches attributed to Mr. Jordi Sánchez, at the demonstration on September 11, 2015.

c)     The content of the speeches attributed to Messrs. Puigdemont, Sánchez and Cuixart, referred to on page 83 of the report, and allegedly made at the demonstration on September 11, 2016.

d)     The content of the speeches attributed to Messrs. Sánchez and Cuixart, as well as those attributed to Ms. Lloveras, referred to on page 83 of the report, and allegedly made at the demonstration on November 13, 2016.

e)      The content of the statements attributed to Messrs. Sánchez and Cuixart, as well as those attributed to Ms. Lloveras, referred to page 86 of the report, and allegedly made at the public event held on June 11, 2017.

f)     Of the instructions allegedly provided by the ANC and Omnium Cultural associations, on how the voting centres were to be occupied on October 1, 2017.

g)    Of the statements attributed to D. Joaquim Forn, supposedly stating that there would be no conflict between police bodies, if the process of independence was peaceful; as well as those attributed to Mr. Pere Soler, stating that the security forces have the objective of guaranteeing rights and not preventing their exercise.

h)      Of the statements attributed to Mr. Josep Rull, on page 76 of the report, stating that he had not authorized the docking of a ship intended to house police officers in the port of Palamós. 

i)       Of the statements attributed to D. Carles Puigdemon [sic], on page 76 of the report, regarding the logic of police action, should millions of people try to vote on October 1.
 

j)        Also include existing clues that the management of the National Pact for the Referendum website was shared by the Centro de Telecomunicaciones y Tecnologias (CTTI) and the  Omnium Cultural association, as stated in the report of the acting police group No. 2017-101743-0042, of May 15, 2017, delivered to the Chief Prosecutor of Catalonia in investigation proceedings 18/17.

2. The relevant police group should be informed so that it adds to the same report requested in the Order dated December 11, 2017, regarding the Committees of Defence of the Republic, public announcements, applications and administrative authorizations, or the conclusions and agreements that may have been reached, on the occasion of the supra-municipal meetings that these committees held:

a)  In Sabadell, on October 14, 2017.
b) In Igualada, on October 21, 2017.
c) In Manlleu, on November 4, 2017.

3. The same police group is to be asked for a copy of the report 2017-101743-0093.

4. The Parliament of Catalonia is to be asked for a copy of Resolution 5/X, of January 23, 2013.

5. The lawyer acting for the Administration of Justice is asked to certify, where appropriate, the whole of the following documentation:

a) Documentation collected from Annex I, of the report 2017-101743-00000112 and from the website, http://www.municipisindependencia.cat/wpcontent/uploads/2015/03/F ULLDE-RUT A-UNIT ARI-PREACORD.pdf

b) Documentation collected from Annex II, of the report 2017-101743- 00000112, and from the website https://assemblea.barcelona/sitesidefaultifiles/ago2017/FR2017_e1fidf

6. The lawyer acting for the Administration of Justice is asked for copies of the following documentation:

a.   The Statutes of the Association of Municipalities for Independence, published in the domain https://www.municipisindependencia.cat/?s=estatut 

b. The various reports issued by the Association of Municipalities for the Independence of Catalonia, which are referred to on the first page of Annex 9, of report 2017-101743- 00000112, https://www.municipisindependencia.catfis=sitxcaU.

c. The Statutes of the Catalan National Assembly, published in the domain: 

https://assemblealarcelona/sitesidefaultifiles/ago2016/ESTATUTS_A17 D-APRIL-2016 correaits.pdf

d. The documentation collected in Annex II of the 2017-10174300000112, under the name "Road Map 2015-2016" and the origin of which, because it does not appear in the report, must be stated by the relevant police agents.

7. The Judge of Instruction Court 13 of Barcelona is asked to forward:

• a. A certified copy of the agenda that was seized in the search conducted at the home of José María Jové [sic] in proceedings 118/2017.

• b. Evidence of the contents of the phone call which took place between Josep Maria Soler Jové and Oriol Castanys, on August 7, 2017. This conversation is referred to on page 70 of report 2017-101743-00000112 forwarded to this instructor. It must be accompanied by evidence of the court ruling agreeing to the above-mentioned wiretap and of the police document requesting the initiation of this line of investigation, if it exists.

• c. Evidence of the contents of the phone call which took place between Carles Viver and Margarida Gil, referred to on page 70 of the attestation 2017-101743-00000112 forwarded to this instructor, together with evidence of the court ruling agreeing to the above-mentioned wiretap and of the police document requesting the initiation of this line of investigation, if it exists.

8. The relevant Badalona Judge of Instruction is asked, as soon as possible, to obtain a declaration from the agents of the Local Police of said locality of evidence from TIP Nos. 1,292, 1,398 and 1,402, regarding the facts referred to in investigation proceedings 564/17 of the Provincial Prosecutor's Office of Barcelona (Reports of the Badalona local police Nos. 782640/2017 or 561/17-UAF-2 of the unit attached to the High Public Prosecutor's Office of Catalonia of the Provincial Police Brigade Judicial Office of the Police Headquarters of Catalonia) and a copy of which was added to this written procedure by the prosecutors office on 20 December 2017.

9.- In accordance with the interest of the Public Prosecutor's Office in its brief of December 15, the relevant units of the judicial police are required, in relation to the documentation provided by the Legal Services of BBVA Bank, in relation to three current accounts opened by the "Delegation of Catalonia before the European Union", at the Brussels branch of said bank, together with the bank documentation relating to the three transfers carried out on September 21 and October 10, 2017, for the purposes of its assessment, to proceed to the investigation of the possible relationship of these transfers with the provisions of art. 6 of the OFP/878/2017 and/or with the activities envisaged therein, for which purpose the three transfers, with identification of payer and receiver, the purpose for which they were made and current destination of these funds and where appropriate, application of the respective amounts of €58,250 (destined to The Hague Centre for Strategic Studies), €61,450 (identical receiver) and €20,000 to the Delegation of the Government in Croatia; for which a copy of said documentation must be sent.

10. Statements to be taken, as witnesses, from Mr. Jordi Jané i Guasch, Ms. Neus Monté [sic] Fernandez, Ms. Meritxel [sic] Ruiz Isern, Mr. Jordi Baiget i Cantons and Mr. Albert Bade i Bastardas, for which purpose the first three are to be called at 10:45 a.m., 11:45 a.m. and 12:45 p.m. respectively, on 30 January 2018, and the last two, at 10:45 and 11:45 hours on 31 January.

11. Statements issued by witness Sr. Diego Perez de los Cobos who is summoned to appear at 10:00 a.m. on February 1.

For the completion of the above-mentioned proceedings, issue the relevant instructions.

This the Instructiing Judge decides and signs, and the lawyer for the Administration of Justice certifies.