The Catalan Ombudsman has addressed the European Commissioner for Human Rights, the Director of the European Union's Fundamental Rights Agency, the European Ombudsman, all his European counterparts, the Ombudsman of Spain and all Spanish regional ombudsman
He urges all the institutions involved to engage immediately in the necessary political dialogue and respect for rights between institutions.
In line with the report submitted last April, he emphasizes that freedoms of expression, assembly and information are pillars of democracy, and that judicial action and the prosecution of alleged criminal acts must be inspired by the principle of proportionality
He commits to continue to analyse the actions of the public authorities and to process any kind of consultation and complaint received, reaching European domains, if applicable.
Link to the video of the press conference (in Catalan)
The Ombudsman of Catalonia has communicated the European institutions for the defence of rights his concern about the serious violations of fundamental rights and freedoms that are being committed in Catalonia and throughout Spain.
In particular, he has addressed the European Commissioner for Human Rights, the Director of the European Union's Fundamental Rights Agency, the European Ombudsman, all his European counterparts, the Ombudsman of Spain and all Spanish regional. His objective was to alert on the measures and actions adopted that could mean a breach of rights.
These measures are manifestly contrary to fundamental rights recognized in the Spanish Constitution and the Catalan Statute, as well as in international treaties ratified by Spain, in particular the European Convention on Human Rights. In addition, these measures are contrary to the conclusions of a recent report by the Committee on Legal Affairs and Human Rights of the Parliamentary Assembly of the Council of Europe.
This document states that in our societies issues related to self-determination or secession should be able to be addressed and resolved "by means of a peaceful and democratic dialogue that respects the rule of law and human rights (including the rights of national minorities) between the region concerned and the government of the state to which it belongs" (report of September 4th, 2017, Doc. 14390).
In this regard, the Catalan Ombudsman has urged all the institutions involved to engage immediately in the necessary political dialogue to address such transcendental issue.
The Catalan Ombudsman refers specifically to the precautionary prohibition of an act in Madrid to support the right to decide, issued by the Contentious-Administrative Court 3 (ruling of September 12, 2017); and also to the apparent prohibition for the media of the Catalan Broadcasting Corporation (TV3 and Catalunya Ràdio) "to inform about any agreement or action that allows the preparation and/or holding of the referendum of self-determination in Catalonia" (notification of September 12 of the TSJC of the providence of the Constitutional Court of September 7 of this year).
He has also highlighted the Order of the Attorney General of the State to initiate investigative proceedings −invading other proceedings in process− in relation to more than 700 elected municipal officials and to summon the mayors as investigated persons, with the explicit warning that, in the event of a non-appearance, they will be arrested. Other adopted measures that have been reported to the aforementioned European institutions are the search of printing offices or the order of intercepting communications without judicial authorization.
Finally, the Catalan Ombudsman has committed to continue to analyse the actions of the public authorities that have an impact on Catalonia with regards to the safeguard of human rights, and to process any kind of consultation and complaint related to this matter, reaching European domains, if applicable.
In line with the report presented last April, Human Rights regression in Spain: elected officials’ freedom of expression and the separation of powers, the Catalan Ombudsman has emphasized that freedoms of expression, assembly and information are pillars of democracy, and that judicial action and the prosecution of presumed criminal acts must be inspired by the principle of proportionality.
Link to the video of the press conference (in Catalan)