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The Catalan ombudswoman argues that restorative amnesty is important to resolve the Catalan conflict
She has taken part in a round table discussion in Luxembourg on the role of ombudsperson institutions in national conflicts
The Catalan ombudswoman, Esther Giménez-Salinas, has travelled to Luxembourg to participate in the seminar “Crisis management: what is the role of the ombudsperson?”, organised by the Association of Ombudsmen and Mediators of the Francophonie (AOMF), which has taken place on 24 and 25 October.
The main mission of the AOMF is to promote the role of ombudsperson institutions in French-speaking countries in Europe, America and Africa, and to encourage the development and consolidation of independent mediation institutions.
The seminar was organised around the role of ombudsperson institutions in three specific situations: a health crisis, a national crisis and a climate crisis.
During the round table on national crises, which also included the ombudswomen of Burkina Faso and the Principality of Monaco, Esther Giménez-Salinas has spoken about the conflict between Catalonia and Spain, which intensified after the referendum of 1 October 2017. This referendum had a number of consequences, such as the application of Article 155 of the Spanish Constitution to the Catalan government and administration (which started the process of suspending the region’s self-government), and the imprisonment and exile of those accused of organising it.
The Catalan ombudswoman has given a historical overview of the conflict, which in her opinion began with the amendment of the Statute of Autonomy of Catalonia in 2006. She also wanted to denounce the criminal dimension that this conflict has taken on, despite it being an eminently political crisis: "The judicialisation of political conflicts is not a good option, not even for justice itself", she said.
She has also stressed the importance of the granting of pardons, which were a first step towards normalisation, but she has pointed out that "there is still a long way to go and many open wounds". She has also welcomed the removal of the crime of sedition from the Penal Code, as "it was an outdated crime, not in line with European legislation and with excessively high penalties".
She has concluded her speech by saying that the amnesty route may sometimes seem unfair, but it is necessary. For it to be possible, it must incorporate the principles of restorative justice and meet three conditions: it must bring social peace, it must have positive consequences that outweigh the harm, and it must be supported by a broad majority.
