Legal arguments
1)
Rule of law and democracy are constantly presented as synonyms by the Spanish
Government and main Spanish political actors whilst are clearly different and complementary
concepts.
a. Even worse, the Spanish Government is steadily entailing the compliance with the
law to stop the Catalan Government implementation of the legitimate democratic
mandate emerged from Catalan people in 27/9/2015, whilst they have an
unbeatable breach of law track record at Spanish and European level with no
consequences
b. The principle of Rule of law and the democratic principle are the basis of
contemporary constitutionalism. Both principles must be interpreted together in
such a way that neither imposes on the other. In this sense, laws have to respond to
the legitimate aspirations of citizenship.
c. Some Spanish university scholars considers that the convocation of a referendum of
independence in Catalonia may have constitutional accommodation
d.
It a ’t e ig ored that i a sur ey pu lished i "El Diario.es", ased i Madrid,
a few
days before the referendum, 82.6% of Catalans were in favor of holding a
referendum on the independence of Catalonia
2)
In recent weeks, the State prosecutor, the Spanish police, the Spanish government, some
courts and the Constitutional Court have adopted a set of measures to avoid holding a referendum
on 1 October. Some of these measures could be violating fundamental rights and public freedoms
recognized by international law, without the prevention and control mechanisms provided for in the
Spanish legal system having worked properly.
a. All of these rights are stated in the Spanish Constitution (SC) and in the European and
International instruments which guarantee Human Rights (the International Covenant on
Civil and Political Rights; the European Convention for the Protection of Human Rights
and Fundamental Freedoms; and the Charter of Fundamental Rights of the European
Union):
Right not to be treated in a cruel, inhuman or degrading way (Arts. 5 UDHR, 3
ECHR, 7 ICCPR, 4 CFREU & 15 SC),
Right to liberty and not to be subjected to arbitrary arrest (Arts. 9 UDHR, 5.1
ECHR, 9.1 ICCPR, 6 CFREU &17 SC),
Right to inviolability of correspondence (Arts. 12 UDHR, 8.1 ECHR, 17.1 ICCPR, 7
CFREU & 18.3 SC),
Right to inviolability of the home (Arts. 12 UDHR, 8.1 ECHR, 17.1 ICCPR, 7 CFREU
& 18.2 SC),
Right to freedom of ideology and expression (Arts. 18 & 19 UDHR, 9.1 & 10.1
ECHR, 18.1 & 19 ICCPR, 10.1 & 11 CFREU, & 16.1 & 20.1 SC),
Freedom of assembly (Arts. 20.1 UDHR, 11.1 ECHR, 21 ICCPR, 12.1 CFREU & 21.1
SC),
Right to fair trial (Arts. 6.1 ECHR, 14.1 ICCPR, 47 CDFE & 24.1 SC)