The defense of the President of the Generalitat, Quim Torra, has maintained that his decision to ignore the Electoral Board was a “political act” protected by his freedom of expression and inviolability as a member of parliament and has asked that he receive the “same treatment” as deputy Cayetana Álvarez de Toledo.
In an intervention of about 20 minutes, the lawyer Gonzalo Boye presented before the court the main arguments of the appeal against the sentence of the Superior Court of Justice of Catalonia (TSJC) that sentenced Torra to a year and a half of disqualification for disobedience, to refuse to remove banners supporting politicians imprisoned during the electoral period.
Boye has stressed that Torra’s conviction implies a violation of fundamental rights, such as freedom of expression or political participation, not only of him, but of all those who appeared in the general elections in which he was forced to remove the symbols support for politicians in prison, including the opposition.
For the lawyer, the slogan of the banners that the Central Electoral Board forced to remove constitutes an “exact literal expression” of the demonstrations of support for the prisoners that Torra has repeatedly pronounced in the Parliament and in his inauguration speech.
For this reason, he added, maintaining the symbols of support for the prisoners and the yellow ribbons meant “a criticism by way of the banner” to the imprisonment of the independence leaders.
“The three words he always said, they are in his inauguration speech, and then moves them on a banner that is as much as transferring it to a symbol on the jacket, “Boye has abounded, who believes that, by disabling him, the TSJC itself is assuming that Torra’s conduct was” a political activity. “
The defense considers that Torra was protected by parliamentary inviolability as a deputy of the Catalan chamber, for which he has asked that he be given “the same treatment” as that received by the deputy Cayetana Álvarez de Toledo, to whom “it has not happened. nothing “for his” fierce criticism “for linking the father of the Vice President of the Government Pablo Iglesias with terrorism.
The defense has further maintained that the Central Electoral Board is not a superior body to the President of the Generalitat or competent to issue orders to Torra in a general election, and has denounced that he has received harsher treatment than other politicians sanctioned by the electoral referee – such as the President of the Government himself, Pedro Sánchez – for belonging to a “national minority”.
Boye has attacked the judges of the TSJC chamber that condemned Torra and against the member of the Central Electoral Board Andrés Betancor, Citizens advisor: “It has been made public that in the morning he worked for the board and in the afternoon at the salary of one of the complaining parties.”
Likewise, the defense has again asked the Supreme Court to raise the Luxembourg Court of Justice the preliminary rulings on the case, which the TSJC rejected in its day, so that in Europe “free movement, not only of persons, but also of judicial decisions” is guaranteed.
George Holan is chief editor at Plainsmen Post and has articles published in many notable publications in the last decade.