Motion in Parlament de Catalunya on Electoral Commission indictees (13/12/2018)

The following motion was adopted by the Parlament de Catalunya, with 73 Ayes and 57 Noes. It displays its support for five members of the Electoral Commission set up by law in September 2017 to supervise the 1 October 2017 self-determination referendum, who have recently been indicted by the Spanish authorities.

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Their complaint comes in the wake of a declaration sugned by over 500 political scientists and other academics in protest against the indictment of the five academics.

Text: https://www.parlament.cat/document/actualitat/291733.pdf

This text is pending review and correction. The official text of the adopted motion will be published in the Official Gazette of the Parliament of Catalonia

Parliament of Catalonia

Department of Communication

December 13, 2018

VOTING OF THE MOTION OF ERC ON THE CIVIL AND POLITICAL RIGHTS OF THE MEMBERS OF THE ELECTORAL COMMISSION FOR THE REFERENDUM ON OCTOBER 1, 2017 (Section 302-00038/12)

1. First. The Parliament of Catalonia shows its support for the members of the Electoral Commission of Catalonia, Jordi Matas, Tània Verge, Marc Marsal, Josep Pagès and Marta Alsina, who were appointed by this Parliament under Law 19/2017 on the referendum of self-determination of Catalonia in September 2017, in the face of accusations of contempt of court and usurpation of functions for which the Public Prosecutor asks for a prison sentence of 2 years and 9 months.

2. Second. Parliament determines that all their actions were carried out in accordance with legislation in force, and that the charges are outrageous and disproportionate, bearing in mind that their task was to ensure that the referendum was conducted in a fair and impartial manner. The Spanish Penal Code does not contain any specific provision that prohibits the organization of referenda, even if they do not have the authorization of the central government, and so their prosecution is not only spurious, but is based on political motives and constitute a flagrant violation of human rights.

3. Third. Parliament determines the injustice of these criminal proceedings and urges the [Catalan] Government to approach the chief public prosecutor of Catalonia, in accordance with article 11.1 of Law 50/1981, of December 30, which regulates the Organic Statute of the Fiscal Ministry, to ask the Fiscal Ministry to promote before the relevant courts the withdrawal of all allegations against people related to the referendum on October 1, with a view to defending the public interest.

JxCAT PARLIAMENTARY GROUP'S AMENDMENT 1 WAS ADMITTED WITH THE PRESENTED CORRECTION OF ERRORS

Adopted: 73 votes in favour (JxCat, ERC, CatECP and CUP), and 57 against (Cs, PSC-Units, and PPC)


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