UPN, Alm.del - 2017-18 - Bilag 2: Henvendelse af 3. oktober 2017 fra Spaniens ambassade vedr. situationen i Catalonien

Det Udenrigspolitiske Nævn 2017-18
UPN Alm.del Bilag 2
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CATALONIA 1/10/17



Today, the necessary measures have been taken to prevent the holding of an

illegal self-determination referendum

, which according to reiterated

Constitutional Court’s decisions, is unlawful and openly contrary to the

fundamental Spanish legal framework.

Articles 1 and 2 of the Spanish Constitution

of 1978 enshrine the principles of

national sovereignty,

which resides in the Spanish

people as a whole, and of

national unity,

as is the case in the fundamental norms of

all advanced democracies.

ON EVENTS OCURRED ON OCTOBER 1

2017



The

Judiciary and the Public Prosecutor’s

Office have taken measures against

the authorities and actions that may have contributed to the organisation

and implementation of this referendum,

within the framework of judicial process.



Despite the aforementioned Constitutional Court decisions,

on 6 and 7 September

2017, the Catalan Regional Parliament approved two Acts: the Self-

Determination Referendum Act and the Act on Legal Transition and the

Founding of the Republic of Catalonia.

This legislation openly contravenes the

Constitution and Catalonia’s Statute of Autonomy

itself. Both laws were passed openly

ignoring the legal procedures and disregarding its own parliamentary advisory bodies.

On this basis, the President of the Generalitat (the regional Government of Catalonia)

signed a decree convening a referendum on self-determination on 1

October and

launched a series of actions for it to take effect.

Both the above-mentioned laws

and this subsequent decree were suspended by the Constitutional Court,

which reiterated its warnings to all public authorities concerned of its duty to

“prevent

or paralyse any initiative aimed at ignoring or evading the

suspension that has been ordered”.



Today, the State Security forces, following orders from the judiciary, have acted

prudently, appropriately and proportionately,

in order to ensure compliance with

the law and to protect the rights and freedoms of all citizens.

Moreover, the

actions taken in response have been motivated not only by the manifest illegality of the

intended referendum, but also by the

absolute lack of respect for the basic

democratic standards required of any such consultation, the first being that

it should be situated within the bounds of democratic legality. It lacks the

The purported exercise of an alleged right of self-determination by a part of the territory is not allowed

under the Spanish Constitution, as it is not allowed either in the Constitution by neighbouring countries.

International law does not allow unilaterally invoking this principle in the case of Catalonia, nor for any

territory of EU member states, given that absolutely none of the conditions that justify it are met.

This purported consultation tramples on the fundamental principles of freedom, democracy, the rule of

law and territorial integrity, all of which are the basis of any advanced democracy and are enshrined as

fundamental values of the European Union Treaties.



Measures have also been taken against

threats, aspersions and harassment

suffered by politicians, public officials, common citizens and even media, who have

recently been subjected to pressure for refusing to participate in this illegal process,

which includes the unacceptable use of schools and minors to promote the

purported consultation.

UPN, Alm.del - 2017-18 - Bilag 2: Henvendelse af 3. oktober 2017 fra Spaniens ambassade vedr. situationen i Catalonien



most elementary guarantees,

under Spanish national law and the regional

legislation applicable in Catalonia. Moreover, it clashes with international standards and

norms, in particular those expressed by the

Venice Commission

(Council of Europe).

Therefore,

in the context described and regarding any events that might be

claimed to represent a vote, it should be noted this process has no validity

whatsoever.

There is no independent electoral administration, nor is there a valid

census, which has permitted the multiple vote; the electoral commissions have been

established by secessionist volunteers; the polling stations could not be established;

the institutions supposedly responsible for ensuring the neutrality of the process and

for conducting the scrutiny has been concealed until the very day scheduled for the

vote, which precludes any semblance of neutrality and impartiality; in fact, supposedly

key facts for the voting, have been modified 45 minutes before its beginning.



The vast majority of Catalans have not wanted to participate in this illegal

travesty.

The mass demonstrations called for and promoted by the secessionists are

not supported by any of the groups of the broad opposition, or by the vast majority of

Catalan society, which has preferred to demonstrate its

civic-mindedness and its

respect for democracy

by not taking part in this purported consultation -which

constitutes a democratic fraud and tramples on the rights of citizens- because they

disagree. Those who have instigated this process have attributed to themselves the

representation of all Catalans,

ignoring the plurality of Catalan society,

in an anti-

democratic and partisan misuse of their responsibility. Moreover, they have abused the

good faith of those who support their initiative, generating not only fracture, but also

frustration. They have also used this call for mass mobilisation in order to manifest their

most radical and anti-system postures.



The preventive actions undertaken have not been directed against

citizens’

or their ideas, nor their freedom of expression or of demonstration.

The full

respect for these freedoms is manifest in the various gatherings that have taken place,

with total normality, in different parts of Catalonia and in the information that the

media has provided about these events. The actions taken are merely intended to

prevent the consultation from taking place, following the organisers’ non-

compliance with legality and judicial decisions, and to ensure the safety of

all.



Spain is a consolidated democracy,

governed by the rule of law, seeking always to

defend the rights and freedoms of its citizens, applying all democratic safeguards.

Under the current Constitution, voted in 1978, Spain has enjoyed the longest

period of concord, economic growth and well-being in its History. Catalonia

has participated in all of it,

as a rich and prosperous region which enjoys, within a

largely decentralized State, of a high degree of political autonomy and self-government.



In Spain, no-one is persecuted for his or her ideas. Any political aspiration

can be expressed and harnessed through legal channels.

As a matter of fact,

our Constitution allows for the reform of its most fundamentals principles, including

those of sovereignty and unity, subject, however, to a procedure with guarantees and

qualified majorities that the secessionists have openly and deliberately ignored.

Messages

UPN, Alm.del - 2017-18 - Bilag 2: Henvendelse af 3. oktober 2017 fra Spaniens ambassade vedr. situationen i Catalonien



No consolidated democracy can accept a challenge to its constitutional order

and territorial integrity

that seeks to impose through force a project of rupture.

international community where the rule of law prevails cannot accept the

anti-democratic contempt of a few,

who ignore the rights of others and who wish

unilaterally subvert the principles and values which found the democratic

coexistence in an advanced society.



What happened today lacks any validity whatsoever.

The fact that the self-

determination referendum has been

declared illegal

by the courts, and that it

totally

lacks any democratic guarantees,

denies any value to any actions that might be

claimed to represent a vote, asides from being

contrary to the Law and an attack

upon the very basis of our coexistence framework.