Spain: Does the Supreme Court judgment against Catalan leaders comply with human rights law?

By Massimo Frigo (Senior Legal Adviser of the International Commission of Jurists)

On 14 October, the Supreme Court (Tribunal Supremo) of Spain convicted 12 people in connection with their part in the organisation on 1 October 2017 of a referendum on Catalonian independence, that was conducted despite having been declared illegal by the Constitutional Court.

Nine of the twelve leaders on trial – including high-ranking Catalan government officials – were convicted, in addition to other offences of abuse of power and disobedience, of the more severe offence of sedition.

The verdict was much expected and was issued in a context charged with political tension and expectations in a country that has been polarized by very contrasting opinions on the claims of self-determination in Catalunya, the carrying out of the referendum on 1 October 2017 despite the Constitutional Court’s ruling about the lack of legitimacy of this consultation under the Constitution, and the fact that the voting process during the referendum was forcibly suppressed in many locations by the police, with credible reports of the use of unnecessary and disproportionate force in breach of Spain’s international law obligations. Continue reading