The High Court of Catalonia (TSJC) has acquitted the four members of the parliamentary Bureau chaired by Roger Torrent, of charges of disobedience against the Spanish Constitutional Court in 2019 when it allowed parliamentary debate on motions favouring the independence of Catalonia and expressing general disapproval of the monarchy. As well as current Catalan business minister Torrent, the other defendants were the former deputy speaker, Josep Costa; and two other Bureau members, Eusebi Campdepadrós, who until recently held a senior role in the Catalan justice ministry; and Adriana Delgado, mayor of Sant Vicenç de Castellet - that is, two who were then ERC deputies (Torrent and Delgado), and two who represented Junts (Costa and Campdepadrós).
As stated in the judgment, the TSJC considers that these members of the Bureau did not commit a crime of disobedience because of the lack of a clear and specific mandate in the provisions of the Constitutional Court of October 10th and 16th, 2019. Thus, the majority of the court considered that those provisions allowed more than one interpretation. And, as well, the resolution adds that there was no intention to disobey, as it has not been proven that the accused had knowledge of and sought to breach the mandates of the Constitutional Court.
The ruling can be appealed to the Supreme Court. But the Central Electoral Commission (JEC) will not be able to demand the immediate of the defendants, as it did with Pau Juvillà (CUP) last December, since none of them are currently MPs. Roger Torrent is business minister in the ERC government but not an MP. The prosecutor called for Torrent, Costa and Campdepadrós to be punished with a 20-month ban on holding public office plus a fine, and for Delgado, a 16-month ban. The private prosecution conducted by Vox sought the same punishments.
Dissenting opinion of one judge
However, one member of the three-person court, judge Marta Pesqueira, gave a dissenting opinion in which she stated that she considers it proven that the members of the Bureau accused by the public prosecutors and Vox are criminally responsible of a crime of disobedience. She affirms that they were also warned of their duty to halt any initiative, legal or material, that meant ignoring the judgments of the Constitutional Court. "The conduct of the accused, in their capacity as members of the Bureau, and, therefore, public officials (...), can be described, without any doubt, as manifestly stubborn, obstinate, recalcitrant and persistent, and contrary to the resolution and mandate of the Constitutional Court", Pesqueira states.
Celebration in Parliament
Upon learning of the acquittal of the members of the 2019 Bureau on Wednesday morning, a majority of those present in the Catalan Parliament celebrated the decision. The MPs of ERC, Junts, the CUP and the Comuns applauded Torrent, who was himself present for the parliamentary session asking questions of the government. Some PSC deputies also applauded, including the group's spokesperson, Alicia Romero. The acting speaker Alba Vergés asserted the need for the Catalan chamber to be a "bulwark of rights" and defended that it is "essential to stop the judicialization of politics". "This is great news for freedom of expression and the legal initiative of the deputies", said Torrent in a tweet.
Court's measure to inform MPs first
On Monday, the Catalan High Court summonsed the four defendants, Torrent, Costa, Campdepadrós and Delgado, for this Wednesday at 10am to notify them personally of the verdict. A measure that not all courts take, but it ensures that those prosecuted are the first to learn of the resolution. The president of the court, judge Carles Mir, already showed a willingness to guarantee defendant rights during the trial, by allowing the long presentation by the former deputy speaker, Josep Costa, who was conducting his own defence. Costa later left the trial, but was also given the opportunity to re-attend to have his legally-permitted final word; he did not take up the offer.