For this Wednesday, the National Audience judge Manuel García-Castellón has summoned ten of those investigated in the Tsunami case, all of whom have an investigation for terrorism hanging over them. As is well-known at the time of writing, in advance of the hearing, only one of those called to testify by the judge, the Catalan Republican Left (ERC) director Marta Molina, will appear in the Barcelona court authorized to host the video conference with the Madrid court. This is because the other six people cited have gone into exile due to their fear that García-Castellón will take measures that affect their liberty, as requested by the private prosecutions, conducted by two Spanish police officers and several Spanish nationalist organizations (the party Vox, and civil groups Dignidad y Justicia and Societat Civil Catalana) on the grounds of flight risk, since the rest of those called to court will not appear. Among them, Jesús Rodríguez, Oleguer Serra and Josep Campmajó, who are living in Switzerland, and former Catalan government minister and ERC politician Xavier Vendrell, who lives in Colombia.
When Marta Molina appears this Wednesday, there will be seven days left before the Congress of Deputies finally approves the amnesty legislation on independence process prosecutions, after the bill passed its first reading in the lower house, was sent to the Senate controlled by the People's Party (PP), which rejected it [harmlessly], and it has now been returned to Congress again for the final vote. García-Castellón reflects a reality that, in any case, is nothing new: politics and justice move on such different paths that the application of the amnesty law will end up being an obstacle course. So we'll see. But it is no exaggeration to recall the essence of what Molina said a few hours before her testimony: "I am aware that I may go to prison, and with seven days until the law is passed. I have no confidence in justice, but I do in politics."
Politics and justice move on paths so different that the application of the amnesty law will end up being an obstacle course
As uncomfortable as it may be to admit, the fact is that one could have a political debate about whether the independence process has ended or still exists. There could also be discussion on the election results of May 12th and the loss of the pro-independence parliamentary majority. On whether this means that independentism has ceased to be the movement it was in the past decade or that many of its voters stayed at home, fed up with the Cainite battles between Together for Catalonia (Junts) and ERC. All of these things can be debated. But what is beyond doubt is the judicial persecution of the independence movement, employing new legal inventions capable of overwhelming the amnesty law. In this case, with imaginary accusations of terrorism, which in addition to the names listed, also include the Catalan president-in-exile, Carles Puigdemont, the ERC secretary general, Marta Rovira, and the ERC deputy Ruben Wagensberg. As well as Josep Lluís Alay, Oriol Soler, Jaume Cabaní and the Italian Nicola Foglia.
So the elephant is still here. The Spanish state maintains repressive positions no matter how many steps forward are taken in politics. And the amnesty is such a step. It is as well to recall that there is no new toll to pay in the agreements by the Socialists and the pro-independence parties for the investiture of Pedro Sánchez as Spanish PM. The amnesty was a condition of the accords reached at that time and now the consequent law will be passed on the 30th and the Spanish prime minister has been in office since his re-election on November 16th. If we isolate the amnesty as a condition for the investiture, we know little about the rest and even less has born fruit. The question of official status for the Catalan language has been opened in Europe, but it seems more and more that the government of Pedro Sánchez has turned down the heat a notch; and the transfer of the Rodalies rail services is progressing more or less like the rail infrastructure itself, with its frequent breakdowns continuing.
And, no matter how many laps of the circuit are completed, one always returns to the starting position again.