Here is a translation of the joint statement made by Jordi Sànchez and Jordi Turull, both Catalan political prisoners charges with rebellion and sedition and jailed in pre-trial detention (original in Catalan language).
the blockade to the European with which we are imposed by the Constitutional Court
The access to court without unnecessary delays and hindrances is a right any person has. To impede the exercise of such right, full guaranteed and in fair conditions, may entail prejudices and irreparable damage to fundamental rights.
The cause that the Spanish state is conducting around the 1st October referendum evidences a whole bunch of affectations to our fundamental rights, such as presumption of innocence, freedom, political rights, and right to a trial with all guarantees. The infringements to the European Convention on Human Rights and the International Civil Rights Act are widely visible in many of the rulings which both the Supreme Court and the National High Court have decreed against us since 16th October 2017, when the first pre-trial detentions took place.
Our determination to have fair proceedings and trial is more alive than ever. We have not ceased to appeal to court all violations in which the Spanish courts have incurred against our rights. However, we lay our trust on international courts, particularly the European Court of Human Rights.
The Constitutional Court, nevertheless, is blocking us the way to European justice. The action of the CC is as simple as undisguised: admitting to procedure 100% of our appeals in order to, afterwards, not settling a single one.
According to Constitutional Court’s statistics, protection appeals are accepted by between a 1% and 1,5% as presented. In our case a 100% are accepted in order to, consequently, leave them in the bottom drawer to rest. The Spanish laws (Criminal Procedure Act) and the jurisprudence of said Constitutional Court sets that appeals against pre-trial detention statements must be determined within 30 days. The first constitutional protection appeal was admitted to procedure against the pre-trial detention enacted by the National Court on 22nd November 2017, more than 365 days ago. That is an unjustifiable delay, even more if one takes bears in mind the express rulings which the Constitutional Court has undertaken in several occasions, in which it has gone as far as meeting during the weekend, just 24 hores after their services had been called for.
We exhibit the need for a diligent and impartial Constitutional Court, which does not hamper the exercise of our rights. We condemn the blockade which, de facto, is being imposed to us by the Constitutional Court in order access the European Court of Human Right (ECHR). We reaffirm our determination, in compliance to the European Convention on Human Rights, to exercise our defence in full rights. We will never renounce to having a fair trial.
We are not asking the Constitutional Court for any favourable treatment. Nevertheless, we are not passively accepting any discrimination not unjutified delay. We are not even asking the court to rule in our favour. We are just asking for the protection appeals issued to be unlocked. Only thus the way to European justice will be unlocked. We are aware that the more our access to the European Court of Human Rights gets delayed, the more our freedom will be regained.
We denounce to European justice which the Constitutional Court is imposing on us. And we do so with the strength and dignity based in non-violence. One of the few legitimate protests which is allowed to us since being imprisones: hunger strike.
We are not doing it against anyone, but in favour of awakening consciences and will in order to prevent that something with is not normal should be considered a such. The irregular ways of the Constitutional Court are very serious without reservations, within a rule of law. And that should challenge all democrats, no matter what their ideologies are.
We are seeking the attention and support of all dmocrats in Catalonia, Spain, Europe and worldwide. We call for an invitation to preserve our peaceful and civic attitude which has made us so strong throughout these years. We urge upon renewing the “smiles revolution”, through different actions which, in the coming days and weeks, will be carried out, such as demonstrations, yellow dinners and concerts. We are asking as well that our hunger strike does not alter the spirit the upcoming Christimas and New Year’s Eve celebrations mean for the vast majority of us.
We thank, finally, the solidarity of all men and women who feel called out and compromised in the effective defence of personal and collective rights and liberties.
United and dignified until freedom is gained!
Jordi Sánchez and Jordi Turull
Lledoners, 1st December 2018.
(Translation by David Ferrer)