The investigating judge of 1-O case Forwarded to the British authorities the clarifications they requested on the detention and delivery request from the former Education Councilor, Clara Ponsati, document in which he is credited with having acted to “achieve the alteration of the current legal and constitutional order”. He explains it by stating that he tried to "force and obtain independence" from Catalonia "with respect to the rest of Spain" through a referendum declared illegal by the Constitutional Court (TC).
Llarena's writing, to which The vanguard has had access, obeys the request of the British office of the Sirene system, which processes the Euro-orders, that the reasons for the request be better specified. The magistrate focuses that precision on two episodes, corresponding to September 6 and 29, 2017, within the framework of the “plan followed by the Autonomous Government of Catalonia, and by members of its Autonomous Parliament, to force and obtain the independence of the Autonomous Community of Catalonia with respect to the rest of Spain ”.
The judge focuses the petition on two episodes, corresponding to September 6 and 29, 2017
In the context of this concerted action – says Llarena – “on September 6, 2017 in Barcelona, CLARA PONSATÍ OBIOLS, Education Councilor of the Autonomous Government of Catalonia, signed Decree 139/17 by which the self-determination referendum was convened, despite knowing the resolutions of the Constitutional Court of the Kingdom of Spain that had declared the process void, and even warned and notified the members of the Autonomous Government of the criminal consequences in case of continuing the independence process ”.
Next, it specifies that several resolutions of the Constitutional Court were disobeyed. And explains that “on September 29, 2017, being the head of the Ministry of Education of the Autonomous Government of Catalonia, gave instructions to assign the use of the teaching centers of the autonomous community, of which they are dependent, in order to that were used as electoral colleges in the independence referendum ”.
Llarena affirms that Ponsatí acted with “full knowledge that all the rules related to this convocation” had been suspended by the Plenary Session of the Constitutional Court on September 7, 2017. His decision also contradicted the Order of the Superior Court of Justice of Catalonia of September 27, 2017, in which police officers were ordered to close the voting centers and prevent the holding of the referendum. ”
The judge specifies that on September 28, 2017, the top officials of the Catalan Autonomous Police (Mossos d'Esquadra) had warned the Autonomous Government of Catalonia, that if the referendum was held it was anticipated and an escalation of violence with important outbreaks was likely of clashes on October 1, as indeed happened. ”
The text also specifies that the Mossos warned the Government that the holding of the referendum could cause an "escalation of violence" as "indeed occurred"
The letter emphasizes that Clara Ponsatí, in her capacity as public authority and in the exercise of her functions in the autonomous community of Catalonia, “as Regional Minister of Education, on September 6 and 29, 2017, disobeyed the resolutions and the repeated requirements of the Constitutional Court of the Kingdom of Spain, as well as the order of the Superior Court of Justice of Catalonia and, in the exercise of his public office, carried out the actions described ”. The data of his public office is relevant for the purpose of aggravating the behavior attributed to the claimed.
The judge concludes that such actions were “tending to hold the independence referendum, despite knowing the illegality and nullity of the process, which ultimately led, as expected, in violent acts; all with the objective of achieving the alteration of the legal and constitutional order in force ”.