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Saturday, January 28, 2023

Barcelona court annuls the acquittal of the five ‘electoral trustees’ of the 1-O referendum

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The Barcelona court has overturned the acquittal of the five poll worker of the illegal 1-O independence referendum in 2017, is being prosecuted for disobedience and is asking for the trial to be repeated, as requested by prosecutors. The judge of the Barcelona Criminal Court 11 had acquitted the five trustee of the crimes of disobedience and usurpation of public office, failing to consider it proven that they had disobeyed the orders of the Constitutional Court.

The five trustee they are the professor of political science at the University of Barcelona (UB) Jordi Matas, who chaired the syndicate; the professor of political science at the University of Pompeu Fabra (UPF) and current councilor Tània Verge; the professor of administrative law at the UB Marc Marsal; the professor of constitutional law at the Autonomous University of Barcelona (UAB) Josep Pagès and the lawyer Marta Alsina. They were appointed by the Catalan Parliament to control the validity of the 2017 referendum. The Electoral Commission was created by the Generalitat in the image and likeness of the Central Electoral Committee, giving it the appearance of a body that gives guarantees and neutrality would the referendum. .

In the verdict that acquitted them, the judge saw no evidence that the trustees “gave orders or orders, or that they met again under the orders of the Constitutional Court.” At the hearing of the first trial, the defendants denied flouting orders from the Constitutional Court suspending the so-called “separation laws” because they had resigned from office days before the referendum. In the verdict, the judge ruled that there was insufficient evidence that “the defendants acted, made, processed, made agreements” to apply the referendum law after the Constitutional Court reminded them of their duty to prevent 1-O.

Prosecutors appealed because the judge failed to properly assess the evidence. The verdict also did not find it proven that they “performed an act of public authority or evaded suspension” of the shutdown laws, according to prosecutors, who wanted prison sentences of up to two years and nine months.

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Source elpais.com

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