A/HRC/43/47/Add.2
authorities have expressly stated their commitment to advancing towards greater protection
of co-official languages.
21.
Notwithstanding the improvements that could be made in the use and teaching of these
co-official languages, the Rapporteur’s analysis seems to forget the value of having a
common language as an instrument of participation in the political community.
22.
The content of section VII. C (Participation in public life) of the Report is simply
unacceptable (besides being inconsistent with the positive assessment of Spain’s judiciary
set forth in paragraph 23). In that section of the Report, the Rapporteur has the temerity to
insinuate, without providing a shred of evidence, that the convicts’ belonging to a supposed
“Catalan minority”—or, in any case, their Catalan heritage—influenced the Supreme Court
decision of 14 October 2019. Once again, the Rapporteur includes a very serious accusation
against the Spanish State in his Report without making even the slightest attempt at backing
it up with evidence. Not a single piece of evidence, information, or argument is set forth to
support this “suspicion”. On the contrary. The Rapporteur even finds himself forced to twist
statements from other Special Procedures to give an air of verisimilitude to the idea that he
is suggesting. Upon citing a statement by the Special Rapporteur on the right to freedom of
opinion and expression, made on 6 April 2018, the Report mentions “political figures and
protesters belonging to the Catalan minority”. However, not a single reference to a “Catalan
minority” appears in that statement of 6 April 2018, which does mention “political figures
and protesters in Catalonia” and “members of the Catalan Government and leaders of civil
society organizations”. But the Rapporteur needs to introduce this element to shoehorn into
the framework of his mandate an issue that clearly falls outside it. Likewise, paragraph 68
mentions reports from Amnesty International, Human Rights Watch and the International
Commission of Jurists without providing citations, so it is impossible to confirm even the
existence of such reports from these organizations denouncing the supposed criminal
persecution of members of a “Catalan minority” for the mere fact of belonging to that
minority. By suggesting that the imprisonment of the 12 persons to whom he refers has to do
with their belonging to a supposed minority, or to the expression of certain ideas, the
Rapporteur shows his ignorance of the case tried before the Supreme Court which resulted in
judgment 459/2019, of 14 October. In those proceedings, it was actions—not ideas or
ideologies—that were on trial. Independentist politicians have always enjoyed the right to
express and to defend their ideas. Ever since the beginning of the current democratic era in
the 1970s, political parties that defended the independence of certain Spanish territories have
been represented in both Houses of Parliament, as well as in the regional governments,
legislative chambers, and municipalities of their respective Autonomous Communities. Their
representatives have been able to express their political ideas freely; the members of the
current regional Government of Catalonia continue to do so. Issues of freedom of ideology
and of expression aside, the Supreme Court found that the proven facts fit the legal definition
of sedition, embezzlement of public funds, and contempt of Constitutional Court orders. The
Supreme Court handed down a judgment on the criminal offence of sedition because it found
that the convicted parties revoked, de facto, the existing constitutional order, in order to
replace it with another emanating from a regional body that manifestly lacked the legal
authority to do so. It was a concerted action by those who should have acted as guarantors of
public order (members of the Government of Catalonia and the Speaker of the Catalan
Parliament), encouraging, in connivance with other social leaders, a citizen mobilization
aimed at the de facto stripping of decision-making capacities from the government and
judicial authorities who are democratically legitimized by our constitutional system. This
new legal order included the Act on Legal Transition, creating a Catalan Republic and
overthrowing the Spanish constitutional system, and the Referendum Act, according to
which, if there were more votes for independence rather than against in the final tally of that
referendum’s ballots, the result would be the independence of Catalonia. The President of the
Venice Commission of the Council of Europe, in a letter of 2 June 2017, refused to cooperate
in holding said referendum, stressing the special emphasis that the Commission placed on
the need for any referendum to be held in full compliance with the Constitution and the
applicable legislation. The legislative procedure to pass the Referendum and Transition Acts
was carried out by imposing an interpretation of the parliamentary rules that sought
exclusively to act with unprecedented speed to approve it—and, above all, to silence the
voice of the parties in the Catalan Parliament that had expressed their disagreement with the
6
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