Monday

4th Dec 2023

Opinion

Catalonia shows dangers of jail terms for non-violence

  • While the security forces used disproportionate force against non-violent Catalan protesters, those protesters remained non-violent in their actions (Photo: Assemblea.cat)

Catalonia has been marked by street violence ever since the judgment and sentencing of the nine leaders of Catalan independence movement earlier this week.

This has been grimly predictable in light of the Spanish government's overbearing criminal justice response to the non-violent self-determination movement in Catalonia.

Read and decide

Join EUobserver today

Become an expert on Europe

Get instant access to all articles — and 20 years of archives. 14-day free trial.

... or subscribe as a group

As I have written in these pages, the Spanish government's response to the events surrounding the 1 October 2017 independence referendum have threatened the good functioning of EU law, violated the fundamental rights of Catalan people, not least the rights to freedom of opinion and expression and to a fair trial, and have inflamed a situation that could have and should have been dealt with through dialogue and negotiation.

Since the referendum, international observers have consistently raised alarm about what has been happening in Spain, cautioning against the approach taken by the government.

In October 2017, five UN independent experts and special rapporteurs called for political dialogue to defuse the tensions in Catalonia.

In April 2018, another, the UN special rapporteur on the right to freedom of opinion and expression, urged Spain not to pursue criminal charges, expressing concern that doing so would be disproportionate and a violation of freedom of expression.

In December 2018, the UN special rapporteur on human rights defenders expressed concern regarding "excessive force, particularly through the use of anti-riot equipment and rubber bullets against largely peaceful protesters" and regarding the fact that "defenders of the right to self-determination... have faced increasing restrictions on their activities".

In January 2019, the UN special rapporteur on minority issues noted claims of an increased number of incidents of racism and hate speech directed towards the Catalan people as a result of the events of 2017.

Worse still, in May 2019, in two decisions related to those recently sentenced, the UN working group on arbitrary detention adjudged Spain to have violated the rights to a fair trial and to have arbitrarily detained the independence movement leaders.

It found that Spain had acted with the intent to, in the words of the vice president of Spain under the Rajoy government, "decapitate" the Catalan political leadership.

As all of these international authorities have noted, the events surrounding the October 2017 referendum were truly non-violent.

While the security forces used disproportionate force against non-violent Catalan protesters, those protesters remained non-violent in their actions.

A large part of this can be attributed to the zealous commitment to non-violence of the Catalan independence movement leadership.

Throughout October 2017, these leaders were seen talking with protesters, guaranteeing peaceful and non-violent events.

Now these leaders are imprisoned, convicted and sentence to lengthy sentences.

Behind bars, they continue to call for non-violence and to ask the crowds in Catalonia stay calm and true to the non-violent principles that underpin the movement.

But, unlike in October 2017, they are not there amongst the protesters.

From behind bars, their voices have been muted by a government determined to crack down harshly on independentist beliefs and by a European Union that is steadfastly refusing to do anything about the situation in Spain, in-spite of clear condemnation of Spain's actions internationally and even as it moves towards sanctioning the governments of Hungary and Poland for their attacks on independent institutions and civil society.

All of this was both predictable and predicted.

Time and again, across the world, efforts to "decapitate" non-violent movements, and refusals to engage in political dialogue with them, have led to situations like we are seeing today in Catalonia.

As many international observers warned the Spanish government's criminal justice approach to the independence referendum has incited violence.

In doing so, the Spanish government has failed in its most basic duties to its citizens.

It is within the powers of the Spanish government to pardon and free the Catalan nine. It needs to do so and to open a dialogue with the Catalan people to heal the rifts that are forming in Spain.

The European Union can no longer look on blindly and must encourage this.

Author bio

Ralph Bunche is the general secretary of the Unrepresented Nations and Peoples Organisation, an international association of nations and peoples denied equal representation in the institutions of national or international governance. Previously he was the European regional director for Fair Trials, the global criminal justice watchdog, and ran the Organisation for Security and Cooperation in Europe's largest trial monitoring programme.

Disclaimer

The views expressed in this opinion piece are the author's, not those of EUobserver.

High tension in Catalonia two years after referendum

Two years after the former government of Carles Puigdemont held a unilateral independence referendum in defiance of the Spanish courts and constitution, the political and social conflict in Catalonia is still a key issue for both Spain and Europe.

Nine Catalan separatist leaders given long jail terms

Spain's Supreme Court sentenced nine Catalan leaders to between nine and 13 years in prison for sedition and misuse of public funds over their role in Catalonia's 2017 bid for independence. The possible legal immunity of some MEPs remains unanswered.

Opposition outrage at Sánchez plan to pardon jailed Catalans

Spanish prime minister Pedro Sánchez is considering pardoning the Catalan separatist leaders convicted over their role in the 2017 independence bid - triggering a new row between the coalition government and opposition parties.

Why EU's €18m for Israel undermines peace

The optics of a nine-fold increase of annual funding for Israel, in the middle of its devastating military campaign in Gaza, stands in contrast with the attempted suspension, delaying and constraining of EU development aid for the Palestinians.

Dubai's COP28 — a view from the ground

Discussion of the biggest existential threat humanity has ever faced is barely mentioned on billboards or signage in Dubai — yet visitors are made aware quite quickly that t world rugby sevens tournament is imminent.

Latest News

  1. Afghanistan is a 'forever emergency,' says UN head
  2. EU public procurement reform 'ineffective', find auditors
  3. COP28 warned over-relying on carbon capture costs €27 trillion
  4. Optimising Alzheimer's disease health care pathways across Europe
  5. Georgian far-right leader laughs off potential EU sanctions
  6. The EU's U-turn on caged farm animals — explained
  7. EU-China summit and migration files in focus This WEEK
  8. COP28 debates climate finance amid inflated accounting 'mess'

Stakeholders' Highlights

  1. Nordic Council of MinistersArtist Jessie Kleemann at Nordic pavilion during UN climate summit COP28
  2. Nordic Council of MinistersCOP28: Gathering Nordic and global experts to put food and health on the agenda
  3. Friedrich Naumann FoundationPoems of Liberty – Call for Submission “Human Rights in Inhume War”: 250€ honorary fee for selected poems
  4. World BankWorld Bank report: How to create a future where the rewards of technology benefit all levels of society?
  5. Georgia Ministry of Foreign AffairsThis autumn Europalia arts festival is all about GEORGIA!
  6. UNOPSFostering health system resilience in fragile and conflict-affected countries

Stakeholders' Highlights

  1. European Citizen's InitiativeThe European Commission launches the ‘ImagineEU’ competition for secondary school students in the EU.
  2. Nordic Council of MinistersThe Nordic Region is stepping up its efforts to reduce food waste
  3. UNOPSUNOPS begins works under EU-funded project to repair schools in Ukraine
  4. Georgia Ministry of Foreign AffairsGeorgia effectively prevents sanctions evasion against Russia – confirm EU, UK, USA
  5. Nordic Council of MinistersGlobal interest in the new Nordic Nutrition Recommendations – here are the speakers for the launch
  6. Nordic Council of Ministers20 June: Launch of the new Nordic Nutrition Recommendations

Join EUobserver

Support quality EU news

Join us