The pro-independence movement takes the amnesty law to the Spanish Parliament as a "starting point" for the resolution of the conflict
The proposal leaves out policemen accused of injuring voters
MadridThe pro-independence movement has taken the amnesty law to the Spanish Parliament with the aim of annulling all the judicial and administrative actions derived from the Independence bid. "This bill has as its objective scope all acts of political intentionality, whatever their result, classified as crimes or as administratively punishable conduct, carried out between January 1, 2013 until the entry into force of this law, whatever its name and content. A political intentionality will be understood as any fact linked to the democratic struggle for the self-determination of Catalonia," proclaims Article 1 of the rule registered by ERC, JxCat, PDECat and CUP. "The amnesty is the starting point for a democratic solution," the parties' spokespersons agreed at a press conference.
Thus, the amnesty law proposed by the pro-independence supporters would mean annulling any procedure linked to the "preparation, organisation, convening, financing, favouring, promotion, execution and celebration of both the participatory process on the political future of Catalonia on Nov 9 2014 and the referendum of self-determination on October 1, 2017, as well as acts of protest on public roads that, in order to defend the aforementioned referendum or criticise the actions of government or jurisdictional authorities, had been subject to criminal or administrative prosecution from the date of holding the referendum." The law seeks to protect not only politicians who have been convicted or investigated, but also those who have been immersed in legal proceedings as a result of street protests.
The inclusion of the concept of "political intentionality" is key, say sources familiar with the drafting, because it excludes the police investigated for the actions during the referendum, which was a long-held debate between the pro-independence parties. Article 3 gives more detail on the crimes the amnesty would include: rebellion, sedition and those that are integrated into Title XXII of the Penal Code, linked to public order. This includes attacks on authority, resistance, disobedience to police officers and public disorder. Also included are those of prevarication, falsehood, embezzlement of public funds, disobedience or disclosure of secrets, as well as acts of expression and opinion in the press, social networks or artistic creations that have been considered incitement to hatred linked to the political conflict of Catalonia with the State
On the other hand, the crimes of injury are left out. Consulted sources affirm that, in spite of not being included in this section, the demonstrators who were accused of this crime would be included in the amnesty law because article 1 states "all acts of political intentionality" linked to the referendum, the Independence bid or the judicial resolutions that have derived from it. For example, they claim that a case like that of the activist Marcel Vivet, prosecuted following the Holi demonstration against the mobilisation of the Jusapol union that commemorated the first anniversary of the police action on the day of the referendum.
Rejection of the PSOE and doubts in Podemos
The amnesty law's path is, from the outset, limited. The PSOE has already announced on Monday that it will oppose the proposal and Unidas Podemos has not yet decided on whether it will vote in favor or abstain. The leader of Unidas Podemos in the Spanish Parliament, Jaume Asens, said in an interview with TV3 that he will discuss the project, but has warned that it is "a path destined to fail". "Either we will vote in favour or we will abstain depending on the wording, but we will not vote against it," he said. The vice president of Òmnium Cultural, Marcel Mauri, who has travelled to Madrid to present the proposal, has asserted that the PSOE's position will mark its "will to turn the page or not".
The spokespeople of the pro-independence formations have indicated that the "optimal" solution is the amnesty and the CUP's Mireia Vehí has stated that for now there is no "alternative proposal". However, they have partially welcomed other formulas such as the reform of sedition and pardon, although they say it would not provide a "global" remedy. "We are happy to analyse them and support them if necessary," said MP Ferran Bel, while ERC MP Montse Bassa has called the pardon is a "patch".
