Spain's Central Electoral Commission has given Catalan president Quim Torra a new ultimatum: he's got 24 hours to remove yellow loops, symbols of support for the imprisoned and exiled pro-independence leaders, from government buildings. Otherwise, the board warns the head of the Catalan government could face penal responsibility for a charge of disobedience. In last week's meeting they had given him a 48-hour deadline to do so which expired on Wednesday.
In the appeal he filed last week, Torra said he wouldn't remove the symbols because the order wasn't "neutral". He argued that removing such symbols would be as partisan as putting them up, because certain political parties have turned their removal into a political cause. "The ban implies, as such, the recognition of the ideals of some parties who are taking part in the election," he wrote.
In today's ruling, the Commission dismisses Torra's arguments, and "reiterates to the president of Catalonia the requirement made" last Monday to remove any loops and pro-independence estelada flags on any Catalan public buildings, "warning him of the administrative and, in his case, penal responsibilities he could incur if he persists in disobeying these agreements".
The Commission also instructs the Spanish government's delegate to Catalonia, Teresa Cunillera, to inform them whether, within the deadline, "the agreement has been complied with" in order to evaluate Torra's potential responsibility.
They argue the estelada "symbolises the aspirations of a part of Catalan society, but not all of it" and that it's a "legitimate symbol that political parties can use in their election propaganda but which, at least during elections, public powers can't do [sic]".
They have similar comments about the yellow loops, adding that it's not valid to cite the bills on symbology in public space proposed by unionist parties PP and Cs which didn't pass the Catalan Parliament. "The use of this symbol aims to remind that leaders or candidates who are standing find themselves in a situation of conditional detention," the board says.
As for the "legal difficulty" allegedly posed by the existence of public buildings which don't belong to the Catalan government, or don't belong to them, the Commission believes that "doesn't turn out to be an excuse either to [not] execute the challenged resolution".
The board recalls that public institutions, during elections, have a "strict duty of impartiality and to act outside of any ideological positions they might have".
Getting prosecutors involved
This was the first question the Commission discussed in its meeting this Monday, which lasted more than five hours. Before starting sanction proceedings, the election body has decided to give Torra another 24 hours to change his mind.
Spanish election legislation (LOREG) sets fines in such cases at between 300 and 3000€ (£260-2600; $340-3400). They also have the option of taking the matter to public prosecutors if they believe a crime of disobedience is taking place, as they warn this Monday. PP and Cs have already complained to prosecutors about the matter.