The Supreme Court has refused to apply a system of simultaneous translation, just as they requested the defenses of the defendants in the 'procés' case, so that they could answer the questions of the parties in their mother tongue, the Catalan, but it has allowed the 12 defendants to speak in said language, so that the translation will be consecutive, that is, deferred.
At the beginning of the third day of the trial, the president of the court, Manuel Marchena, has set the criteria on some of the issues raised from the defense, which included the use of Catalan in the statements of the defendants. In this regard, the judge has rejected a system of simultaneous translation into Catalan to avoid discriminating against "those who do not have headphones", while denying the possibility of the defense asking questions in Catalan, but has allowed the independence leaders can respond in their mother tongue, under "emotional reasons".
"Any of the defendants who want to respond in their mother tongue can do it"
In such case, the translation will not be immediate, but after each answer of the accused, his statement will be translated on-site by a translator. It would therefore be a deferred translation.
Despite mentioning the European Charter of Regional or Minority Languages of the Council of Europe, which "does not grant individual or collective rights" in this matter, Marchena wanted to make it clear that he accedes to this request for reasons of emotional reasons. "Any of the defendants who want to respond in their mother tongue will be able to do it," he admitted, because "the Chamber recognizes the emotional reasons," but "this decision is not linked to a hypothetical defenselessness," as the defenses alleged.
"It is not done for a hypothetical helplessness"
"It is not done because of a hypothetical defenselessness" but because "we have been doing a year and four months of special cause in Spanish and the slightest reference to the demand to respond in Catalan has not been made. It has not been done when the application of precautionary measures has been at stake, "said Marchena.
In this way, the magistrate, the Chamber has had to do an "exercise of balancing and weighing" and has chosen to guarantee the "unconditional" principle of publicity in the trial. Nor has it allowed the defenses to ask questions in Catalan because they are in "manifest contradiction" with the article of the law that regulates the language in which procedural acts should take place outside the territory of an autonomous community, in this case Catalonia.