Change in Catalonia?

or the past 14 years, ever since the Spanish government cheated on an autonomy deal, Catalonia has reliably given pro-independence parties a majority of seats in their regional parliament. But now that seems to be over. Catalans went to the polls yesterday, and stripped the Catalan parties of their majority. Meanwhile, the (Spanish) Socialists' Party of Catalonia (PSC) has emerged as the largest party, and likely the centre of any possible government.

There are reasons for this. The Catalan parties had failed to deliver independence, and the government had basically collapsed due to infighting. Meanwhile the Socialists had turned down the temperature at a national level, pardoning independence leaders and agreeing to "dialogue". One of the Catalan parties - the Republican Left - had collaborated in this, while the other - Junts - played hardball to extract a general amnesty for those persecuted for promoting independence. And pro-independence voters it seemed preferred the latter approach.

El Nacional has a rundown on the coalition maths, and it is ugly. The PSC could put together a bare majority with (pro-independence) left-wing parties - something which used to be a common arrangement, but which is likely to be unstable now. Or it could form a decent majority with the pro-independence, right-wing Junts - but that's likely to be even worse. Or, it could form a bare majority with the other Spanish parties, but that means working with the openly fascist Vox. The PSC is unlikely to find any of these options particularly appealing. The question is how many of their potential partners would prefer another election in six months...

A political solution in Catalonia?

Six years ago Catalans braved police batons and rubber bullets to vote overwhelmingly for independence in a referendum. The Spanish regime responded with a wave of persecution, dissolving the Catalan government and jailing its leaders for "sedition". The repression has continued to this day, with Catalan activists prosecuted for peacefully advocating that they be allowed to decide their own future. Earlier this week, a Spanish judge began investigating former Catalan President Carles Puigdemont for "terrorism" for his role in organising peaceful protests.

But now there finally seems to be an end. back in July, Spain went to the polls in inconclusive elections which left the Catalan parties holding the balance of power. In exchange for allowing a government in Madrid, they demanded an amnesty for all "crimes" committed in the course of the independence struggle. And it looks like they've finally got what they were asking for:

Spain’s acting prime minister, Pedro Sánchez, is on the verge of securing another term in office after his socialist party won the support of Catalan separatists by offering a deeply controversial amnesty for those who took part in the illegal and failed push for regional independence six years ago.

The deal between the Spanish Socialist Workers’ party (PSOE) and the centre-right Junts (Together) comes after a week of tense negotiations and amid widespread concerns over the amnesty, which have led to street protests, dire warnings from conservative judges and questions from Brussels.

Speaking shortly after the agreement was announced on Thursday, the PSOE’s organisational secretary, Santos Cerdán, said the negotiations had yielded “a historic opportunity to resolve a conflict that could – and should – only be resolved politically”. He said the proposed amnesty bill would now be put before parliament, adding that a new, socialist-led government would offer a progressive alternative to an alliance between the conservative People’s party (PP) and the far-right Vox party.

The deal also includes self-determination negotiations.

Unfortunately, the PSOE is notorious for not delivering on its promises. Which is why Junts is playing hardball: they have offered nothing beyond support for the investiture vote (what we would term a one-off vote of confidence); if the amnesty law is not passed, they will vote down every piece of government legislation, and eventually, the government itself, sending Spain back to the polls.

No matter where you stand on Catalan independence, this is a step forward. As a democrat who believes Catalonia's future is a matter for Catalans, peacefully advocating for independence should never have been treated as a crime, and an amnesty is a recognition of that. As for people who think Catalonia belongs in Spain, you don't convince people with persecution and repression, so an amnesty allows the relationship to be rebuilt. And either way, making the issue one of politics and negotiation, as it should have been all along, is the only way to a peaceful, just, and democratic solution.

Everyone loses in Spain

Spanish voters went to the polls yesterday in national elections. And it looks like everybody lost, with neither bloc winning a majority.

The elections had been called early after the (former fascist) People's Party and (actually fascist) Vox had swept local elections, causing the Socialist government to panic. But in the end the PP and Vox could only muster 169 seats in the 350 seat Congress. Meanwhile, the Socialists and the left-wing Sumar managed 153. And in between there's a bunch of mostly Catalan and Basque regionalist parties, who both the main blocs hate. They're never going to vote for a PP/Vox government, given the latter's desire to eliminate their languages and end their autonomy - but the Socialists have broken the promises they gave to these parties to secure power last time, and started their campaign with an explicit "fuck you" to them. The gambit here will be the usual "are you really going to let fascists into government?"; the problem is that after years of mistreatment enabled by this bullshit, some of those parties might just say "fuck you" right back, and trust in the power to roll the government whenever they want to limit its abuses, rather than clearly worthless promises. Which is a high-risk strategy, and another way for everyone to lose.

If no government can be formed, then it will be back to the polls, just as happened in 2019. Given that the socialists called the election early for fear of a bigger loss if they waited, hopefully they'll have a strong incentive to avoid that result.

Pardoned

Four years ago, the Spanish government jailed nine Catalan leaders for the "crime" of advocating peacefully for independence. Now, it has pardoned them:

Spain’s prime minister has called for a new “era of dialogue and understanding” as his Socialist-led government pardoned nine Catalan independence leaders for their roles in the illegal, failed push for regional secession four years ago that plunged the country into its gravest political crisis in decades.

[...]

The beneficiaries of the pardons are: the former regional vice-president, Oriol Junqueras; the former regional government spokesperson, Jordi Turull; the former Catalan foreign affairs minister, Raül Romeva; the former regional territorial minister, Josep Rull; the former employment minister, Dolors Bassa; the former regional interior minister, Joaquim Forn; the former speaker of the Catalan parliament, Carme Forcadell, and the two influential civil society leaders Jordi Sànchez and Jordi Cuixart.

All were found guilty of crimes including sedition and misuse of public funds and sentenced to terms of between nine and 13 years by Spain’s supreme court in October 2019. They were also banned from holding public office for periods matching their prison sentences.

But while the pardon will mean Spain's victims are released from jail, they will still be banned from office, so people will be banned from election for peacefully advocating their political views. The pardons can also be reversed if the victims "reoffend", which suggests that Spain's intention is for ongoing persecution, rather than an actual step forward. As for the recipients, Jordi Cuixart has said straight-out "we will persist". Spain is continuing judicial persecution in Catalonia, and this is so blatant that it has been condemned by the Council of Europe. If they want a new era of dialogue and understanding, then they need to offer more: a complete amnesty, compensation for their victims, and a referendum. And if they don't surrender the first two, their victims will get it from the ECHR instead.

Catalans vote for independence again

Catalonia went to the polls today in elections forced on them by the Spanish judiciary (first, by removing the elected president from office, breaking the governing coalition, then by ruling that the elections had to proceed in spite of the pandemic). And for the first time, pro-independence parties have won over 50% of the vote:

Pro-independence parties have won more than 50% of the vote in the 2021 Catalan election, the first time they have managed to do so.

In what will be a major boost to supporters of Catalan independence, a combined total of 51.24% voters (with 97% votes counted) chose Esquerra (ERC), Junts per Catalunya, CUP and smaller pro-independence parties in Sunday's ballot.

The independence camp has won a majority of seats in previous elections, for example in 2017 when they accounted for 70 of 135 seats, but this time they also surpassed 50% of votes cast.

They've also retained their parliamentary majority, so it looks like the new government will be much the same as the old one. Meanwhile, the Socialists have been cut out of power, while the Citizens - previously the largest party - got slaughtered. The bad news is that openly fascist Vox has entered the Catalan Parliament for the first time, as Citizens and People's party voters decided to vote for the real thing rather than the imitators. Which at least makes it clear what is really driving opposition to independence.

One way of fixing it

Yesterday we had the unseemly sight of a landleech threatening to keep his houses empty in response to better tenancy laws. Meanwhile in Catalonia they have a solution for that: nationalisation:

Barcelona is deploying a new weapon in its quest to increase the city’s available rental housing: the power to force the sale of empty properties.

This week, the city’s housing department wrote to 14 companies that collectively own 194 empty apartments, warning that if they haven’t found a tenant within the next month, the city could take possession of these properties, with compensation at half their market value. These units would then be rented out by the city as public housing to lower-income tenants, while the companies in question could also face possible fines of between €90,000 and €900,000 ($103,000 and $1,003,000), according to Spanish news outlets.

That would certainly be one way of fixing the "ghost house" problem, and it would certainly incentivise landleeches to fill their properties. Even fines would be a start on that. Ultimately, we need a mass state house building program to increase supply and crush the market. But in the interim, measures like this may help ensure our housing stock is actually used as intended: as homes, rather than sources of tax-free capital gains.

Spain is (still) not a democracy

The list of Spanish abuses of Catalonia's democracy is long. When Catalans voted for independence, Spanish riot police seized ballot boxes and beat them in the streets. When they elected leaders to represent their views, Spain refused to allow them to take their seats, or jailed them for "sedition". And now, their supreme court has deposed Catalonia's elected president and barred him from office. His crime? Allowing a banner calling for freedom for political prisoners - the official policy of the Catalan government - to be hung on a government building:

Spain’s Supreme Court confirmed on Monday that Catalan president Quim Torra should be removed from office as he is guilty of disobedience for displaying signs in solidarity with the jailed pro-independence leaders on public buildings during an electoral period last year.

In dismissing Torra’s appeal, the top court upholds a previous verdict banning the Catalan head of government from holding public office for 18 months — the second time in three years that a Catalan president is sacked.

Later in the afternoon, the Catalan High Court enforced Torra's disqualification and ordered vice president Pere Aragonès to move forward in replacing him. By 5 pm, Torra had been personally notified of the ruling.

The decision is set to anger pro-independence supporters in Catalonia, who will all but certainly see the ruling as Spain’s umpteenth attempt to undermine their political aspirations by prosecuting their leaders.

Torra is the second Catalan president in a row to be removed from office by Spain - his predecessor Carles Puigdemont was overthrown by the imposition of a state of emergency and the imposition of direct, colonial rule. It is clear that Spain will not allow Catalans to rule themselves, or to peacefully and democraticly express their views, and will remove any elected leader who represents them. Which makes it crystal clear that Catalonia needs to be independent, simply in order to enjoy basic democratic rights. By denying those rights, Spain makes it clear that it is not a democracy.

More Spanish repression

Back in December, the European Court of Justice ruled that jailed Catalan politician Oriol Junqueras was a Member of the European Parliament and therefore had immunity from prosecution. In a democratic state under the rule of law, he would have been immediately released from prison (and compensated for his illegal detention), as his "conviction" occurred after his election. Instead, Spain continued to detain him. And now, Spain's Central Electoral Commission has declared that he is no longer an MEP, on the basis of that purported conviction.

But it doesn't stop there. The Central Electoral Commission has also purported to unseat Catalan President Quim Torra, using anti-terrorist law, and in explicit violation of Catalonia's statute of autonomy (which places that power solely in the hands of the Catalan Parliament). The Catalan Parliament isn't going to accept this, and is going to assert its rights, which will set it up for another direct collision with the Spanish judiciary.

In both cases, the message is clear: elected Catalans will not be allowed to advocate for independence, no matter what the law says. Hopefully, higher levels of the Spanish judiciary will correct these decisions. If not, the European courts will. But its just another example of Spanish repression, and another reminder that if Catalans want to be free of it, they need to be free of Spain.

(And meanwhile, Spain's parliament is debating a new government, on which the abstention of the Catalan Republican Left is vital. They've extracted promises of direct government-to-government negotiations on independence, with a public vote in Catalonia on the outcome, and they've made it clear that they will pull the plug and topple the government if those promises aren't kept. But with repression continuing, and political prisoners still in jail, its an awful risk for the ERC, and they may be punished by their voters for it).

A victory for democracy in Catalonia - and in Europe

Back in May, jailed Catalan politician Oriol Junqueras ran in the European parliamentary elections as head of the Ahora Repúblicas. AR won 5.6% of the Spanish vote, enough for three MEPs. But Junqueras was not allowed to take his seat, after Spanish authorities refused to release him temporarily from pre-trial detention to complete the post-election formalities. In effect, like the British government before it, the Spanish government was claiming a right of veto over who the people could elect. And now, the European Court of Justice has said that that is not allowed.

The EU Court of Justice has ruled that jailed Catalan politician Oriol Junqueras had immunity from the moment he was officially elected to the European Parliament on June 13th, after Spain's electoral commission proclaimed the final election results. Thus, the European Court states that he should have been able to leave jail at that time and travel to Brussels to take office.

In a hearing of the Luxembourg court this Thursday morning, it was also ruled that if the Spanish Supreme Court believed that pro-independence leader Junqueras should have been kept in jail, it had to tell the European Parliament and ask for the suspension of his immunity.

The ruling is clear in its assessment of the facts at the time that they occurred and represents a slap in the face for Spanish justice whose correct course of action in the spring was to have either allowed Junqueras to travel to take up his office or to have asked for the removal of his immunity. But the EU court does not clarify in its ruling if the decision can be applied now, that is, if Junqueras should now be able to go free to perform his duties as an MEP in the European Parliament.

The question now is whether Spain will respect the ruling, or whether it will try and impede an elected MEP from going about his business. And if they want to do the latter, then the Socialists can kiss goodbye to any hope of Catalan cooperation in their attempt to form a government.

Meanwhile, Spain also blocked two other Catalan politicians, Carles Puigdemont and Toni Comín, from taking office. The ruling will also apply to them, and should allow them to immediately take their seats. Because it is voters, not governments, who choose MEPs, and if governments don't like the choices voters make, tough shit for them.

Spain's failed electoral gamble

Spain went to the polls today in the second elections this year, after the Socialists (who had come to power in a confidence vote, then gone to the polls in April) rejected the offer of a coalition with the left-wing PoDemos, and instead decided to gamble n a better outcome by forcing Spaniards to vote again. Judging from the results, that gamble has failed; the Socialists have lost a few seats, PoDemos have lost a lot more, and the "centrist" (but actually right wing) Citizens, who the Socialists saw as a better coalition partner, were wiped out. Instead, the big winners have been the Popular Party (which was founded by fascists), and the misogynistic, Islamophobic Vox (actual fascists). And the reason for that can be laid squarely at the feet of the Socialists, and their decision to run on a hate campaign against Catalonia.

Meanwhile, in Catalonia, pro-independence parties won more seats than ever before, and again saw off the Socialists to be the largest party. Despite the wishes of the Spanish parties, Catalans are not simply going to go away. If they want a government which doesn't involve fascists or the children of fascists, they need to actually sit down and talk. Sadly, I expect they'll try and beat people into submission instead.

Spain is not a democracy

Two years ago Catalans braved police batons and rubber bullets to vote overwhelmingly for independence in a referendum. Today, Spain jailed nine politicians who organised and supported that referendum process for a combined total of a hundred years for "sedition", after a trial that was little more than a judicial lynching. Protests against the verdicts are already breaking out across Catalonia, but Spain has invaded with 1500 riot police to "keep order". So we'll probably see more scenes of peaceful protesters being beaten, gassed and shot for daring to express the view that a democratic society should resolve questions democraticly.

Because that, fundamentally, is what this is about. While Catalans are divided on independence, there has always been overwhelming support for the idea that as a democratic society they should be allowed to vote on it. Spain has responded to that idea with violence and brutality. It has treated Catalonia like a colonial possession, whose people must be kept in line by force, rather than as citizens of a democratic state. It has not behaved like a democracy, but like the fascist dictatorship it supposedly ended 40 years ago.

That treatment has unsurprisingly strengthened the desire for independence, as people seek to leave the country which mistreats them. When this mess began, Spain could have allowed a vote, and probably won it, and that result would have been accepted for a decade or more. Now, there's really only one outcome: independence. The question is how long it takes, and many people Spain murders trying to stop it.

Democracy with Spanish characteristics again

Last month, Catalans elected three exiled and jailed pro-independence politicians to the European Parliament. Unfortunately, Spain no longer seems to respect the results of democratic elections, and the Spanish Electoral Commission today declared their seats vacant. The reason? None of them had made the required oath to uphold the Spanish constitution before the Electoral Commission. But in all three cases, it is because the Spanish state did not permit them to.

Oriol Junqueras's case is the most outrageous. He is currently in pre-trial detention awaiting the verdict of his show-trial for "rebellion" and "sedition" for supporting the Catalan people's right to vote in an independence referendum. He was unable to make the required oath because the court refused to permit him to do so, regarding it as a threat to the trial process (MEPs gain immunity from prosecution, meaning that he could not be sentenced). The democratic process? Apparently unimportant. The exiles, Carles Puigdemont and Toni Comín, are in a different situation: they face arrest if they return to Spain, so they swore the oath before a notary in Belgium, and additionally sent their lawyer to the Election Commission to provide it by proxy - a process which the Commission has apparently deemed acceptable in the past. But as we've seen throughout this struggle, the rules change depending on what advantages the Spanish state, and it was refused.

Spain has used an arbitrary procedural barrier to thwart the expressed will of the Catalan people. It is naturally going to the European courts, and hopefully they will be able to restore democracy in Spain.

Democracy on trial

Twelve Catalan political leaders went on trial in Madrid today. Their crime? Advocating peacefully for an independent Catalonia and organising a referendum on the issue. The Spanish government calls this "sedition" and "rebellion". But what it really is is democracy. In a democratic state with freedom of expression, people can and should be allowed to advocate for independence. And in a democratic state, when people peacefully demand independence, it is entirely right and proper for them to vote on it. Spain attempted to crush that vote with brute force - and failed. Now they are attempting to crush its advocates. But in a democratic state, democracy should not be a crime. If Spain thinks it is, then it shows that that country is not a democracy, and not a fit member of the civilised world. Democratic countries should condemn this political trial, and demand that Catalans get what they have demanded all along: a free, fair and binding referendum on their independence.

A victory for European justice

A week ago, a German court rejected the extradition of exiled Catalan President Carles Puigdemont on "rebellion" charges. He could be extradited for "misuse of public funds", but not for "rebellion" as there was no equivalent offence in German law (Germany requires actual or planned violence, not peaceful protest and democratic advocacy. The idea of a peaceful "rebellion" is nonsensical). And now, as expected, Spain is having a legal temper-tantrum and has withdrawn the European Arrest Warrants against all the exiled Catalan politicians:

A Spanish judge has dropped the international arrest warrants issued for the former Catalan president Carles Puigdemont and five other pro-sovereignty politicians over their roles in last year’s illegal referendum and subsequent unilateral declaration of independence.

[...]

The dropping of the international warrant means Puigdemont and his former colleagues – currently in Belgium, Scotland and Switzerland – no longer face extradition proceedings. But domestic warrants remain in force, meaning the six will be arrested should they return to Spain.

In his ruling, published on Thursday, Llarena hit out at the court in Schleswig-Holstein, accusing it of “a lack of commitment” over acts that could have “broken Spain’s constitutional order”. The German court’s refusal to extradite Puigdemont on the rebellion charge – which prosecutors had argued could be equated to “high treason” in the German penal code – meant the deposed president could not be tried for the offence if sent back to Spain.

That offence - again, for purely democratic actions taken and backed by the Catalan Parliament - is really all Spain wants to charge him with. The "misuse of public funds" charge is a smokescreen, and even the Spanish government says it didn't happen. But now Spain is being denied its show trial. No wonder they're upset.

Unfortunately, Spain is still holding nine Catalan political leaders as political prisoners on similar trumped-up charges. And they'll probably take out their anger on them.

Better news than it sounds

Last night, a German court ruled that exiled Catalan President Carles Puigdemont could be extradited to Spain - but only on charges of "misuse of public funds". The charge Spain really wants to stick him with - "rebellion" - was rejected. Which is better news than it sounds, because (thanks to EU law) it means he can not now be prosecuted for that offence if extradited. The German court found that there was no violence or criminal organisation in the independence referendum (or at least, not from the Catalan people. The Spanish state is another matter). This hands a ready-made legal argument to those facing extradition elsewhere, as well as to the nine Catalan political prisoners Spain is currently holding. Its so bad for Spain that they may themselves refuse to accept the extradition rather than live with the legal consequences (though its unclear whether they can then seek it again elsewhere on charges which have already been rejected).

There will be an appeals process, of course. But its a good sign for Puigdemont at least, and it puts pressure on the Spanish government to drop its ridiculous charges. And given that they've declared that no public money was spent on the referendum, they should drop the "misuse of public funds" ones as well.

What's Catalan for "revenge"?

Last week, a Spanish court jailed senior figures of the ruling People's Party for a widespread corruption scheme. And today, there's the inevitable sequel: Spanish Prime Minister Mariano Rajoy looks likely to lose a confidence vote in the Spanish Parliament:

Mariano Rajoy’s controversial and scandal-mired tenure as Spanish prime minister seemed all but certain to be entering its final hours on Thursday afternoon when a small Basque party threw its weight behind a no-confidence motion tabled after Rajoy’s party was found to have profited from a huge corruption racket.

After hours of suspense, the Basque Nationalist party (PNV) revealed it had decided to back the motion proposed by the opposition socialist party, PSOE, delivering the handful of votes required to oust Rajoy of the People’s party (PP) and replace him with the PSOE leader, Pedro Sánchez.

The PNV’s five votes – together with the support of groupings including the anti-austerity Podemos party, the two Catalan pro-independence parties and another Basque party – gave the PSOE 180 votes in Spain’s 350-seat congress, four more than were needed.

Good riddance - corrupt governments should be rolled. And there's a delightful justice in the Basques and Catalans being key to that. While the support of the Catalan parties was gained with a promise of dialogue on independence, even if it changes nothing rolling Rajoy would still be worthwhile purely as an act of political revenge against the Prime Minister who pushed for the beatings of 1 October and the subsequent imposition of colonial rule.

Spain lied

When Spain suspended Catalan democracy last year and imposed colonial rule from Madrid, it presented it as a temporary measure, to be ended once elections had been held and a new government was in place. But they lost those elections, and their efforts to prevent a new government from being formed (including nakedly arresting and charging a presidential candidate with "rebellion" to prevent his election) failed. And so Spain is now simply refusing to return control:

ANGER was rising in Catalonia last night after Spanish Prime Minister Mariano Rajoy backtracked over withdrawing the unprecedented direct rule he imposed after last October’s independence referendum.

He claimed to recognise the powers of newly-elected President Quim Torra but refused to approve his choice of ministers, four of whom are facing charges connected with the poll, and refused to publish their nominations in the official gazette.

The Madrid government must end direct rule once the Catalan government is formed and cabinet ministers named, under the terms of the emergency legislation brought in under Article 155 of the Spanish constitution.

So much for Rajoy's vaunted "rule of law". This was always and only about usurping Catalan democracy.

As for what happens next, I expect the Catalan government will take the Spanish government to court to enforce its own law. Though I doubt they'll get justice from Spanish judges appointed by Rajoy.

Catalonia has a government again

Six months ago, in the wake of their violent repression of an independence referendum, the Spanish government dissolved Catalonia's regional government and forced new elections. Despite arresting several candidates and banning the colour yellow, their local quislings lost (apparently beating people in the streets does not make them like you. Who knew?), and since then Spain has been trying to stop the elected majority from forming a government. The obvious candidates were in prison or exile, and Spain refused to release them, despite a ruling from the UN Human Rights Council. An alternative candidate was arrested and charged with "rebellion" on the eve of the vote, and it seemed like Spain was trying to run out the clock and force Catalans to vote again until they got it right. But when the Catalan Parliament suggested a new pro-independence candidate, they were not arrested (maybe Madrid can read the polls after all), and so Catalonia finally has a regional government again:

The Catalan parliament has narrowly elected a hardline secessionist as president, presaging the end of 199 days of direct rule from Madrid.

Quim Torra, an uncompromisingly pro-independence MP who joined parliament six months ago, was elected by 66 votes to 65.

He is the first candidate to be approved by the body since Carles Puigdemont’s administration was sacked seven months ago, when the Spanish government used the constitution to assume control of Catalonia and call last December’s regional election.

The Madrid government has said it will cease using article 155 of the constitution – which had never been invoked until last year – when a new Catalan government was in place.

Which means Catalans will get back control of their government, and stop being treated like an internal colony of Madrid.

Spain's policy of thuggery and brutality has clearly failed. It hasn't persuaded anyone to abandon independence - not the politicians they have in jail or the ones who belong to pro-independence parties, let alone the majority of Catalans who vote for them. The question is whether Spain will recognise this and try talking, or whether they'll continue to try and use force and alienate even more people.

Spain is a tyranny

Charging peaceful protesters with "terrorism" is one of the hallmarks of tyranny. But that's exactly what Spain is now doing in Catalonia:

Spanish police have arrested the organiser of a Catalan separatist protest group on suspicion of terrorism after she blocked motorways and high-speed railway lines.

The woman, who has not been named, was detained in a dawn raid yesterday by the Civil Guard in the town of Viladecans, east of Barcelona.

It is the first time since the illegal Catalan independence vote last October that any separatist has been charged with terrorism, which carries a maximum sentence of 30 years in prison.

"Terrorism" is supposed to require a significant element of violence. Here it is being used against peaceful protesters. And as the Spanish judiciary is not independent, there's no real hope of a fair trial or the charges being thrown out as ridiculous. Instead, Catalans will have to rely on the European courts for justice.

There was no "rebellion" in Catalonia

Two weeks ago, exiled Catalan President Carles Puigdemont was detained under a European Arrest Warrant in Germany. He's been in prison for the last two weeks while the court goes through the early stages of deciding whether he can be extradited on charges of sedition, rebellion, and misuse of public funds for his role in organising Catalonia's brutally suppressed independence referendum. But there's good news today: a German court has declared that he cannot be extradited on the rebellion charge:

Puigdemont was arrested on a Spanish-issued warrant upon entering Germany on 25 March as he attempted to drive from Finland to Belgium, where he currently resides. Spain accuses the Catalan separatist of rebellion and corruption after he organised an unsanctioned independence referendum.

The Schleswig court said that it considered a charge of misuse of public funds sufficient grounds for an extradition, but that a charge of “rebellion” was not, because the comparable German charge of treason specifies violence.

Proceedings to decide whether to extradite him on corruption charges could continue, it said.

Or to put it another way: Puigdemont is innocent of "rebellion" because the only violence in Catalonia was perpetrated by the Spanish government. It's significant because it means that if he is extradited, Spain cannot try him for that crime any more. When faced with this prospect in Belgium last year, Spain withdrew their arrest warrant (effectively gaming the European Arrest Warrant system in an effort to shop for jurisdiction). But now there's an actual court ruling on record calling their charges bullshit, and if they try that again, other courts will be able to take formal notice of it. Whoops.

Meanwhile, Belgium has opened an investigation into the Spanish intelligence services for illegally spying on their territory. It turns out that using a geotracker on someone's car is illegal without a warrant in Belgium. Whether a Spanish warrant is sufficient (or whether there even is one) is an open question, but hopefully it will cause Spain to think more carefully about spying on Catalan exiles in future.