Judge Carmen Lamea will personally communicate this Monday to mayor of Mossos Josep Lluis and to those who were his political leaders-Pere Soler and former secretary of Interior César Puig, second of Exconsellor Joaquim Forn-his prosecution for sedition and Criminal organization for illegal referendum of October 1, 2017.More information
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The three are quoted this Monday morning with intendant of Mossos d'Esquadra Teresa la Planas-indicted only for sedition for siege in Department of Economy on September 20 and 21, when a mob tried to prevent an operation of guard Civil against preparations of sovereignty consultation prohibited by Constitutional Court and judges.-, to receive m inquest declaration and that y can manifest, if y wish, ir position before prosecution.
In this appearance, indictment may urge holding of a getting orientated for adoption of precautionary measures, although prosecution- only indictment in this case-does not intend in principle to request entry into provisional prison of se proceedings, have Informed Efe tax sources.
The four, which until now have been presented before judge of national hearing when y have been quoted-but in up to three occasions-already have precautionary measures consisting of fortnightly appearances, prohibition of leaving Spain and withdrawal of Passport; Less burdensome than prison or bails that in some case has unsuccessfully requested prosecution in instruction.
This procedure in Court of Lamea coincides with one that shortly reafter will take place in Supreme Court, where judge Pablo Llarena starts this Monday to notify self of processing by rebellion to principal actors of procés, except for those fled.
The difference in criminal classification of facts, which in national audience have been described as sedition and criminal organization and supreme of rebellion, embezzlement and disobedience, has led to defense of Pere Soler to question existence of a network Criminal to gain independence as he claims to lick it.Plan not to act on October 1
In case of 1 October referendum, Mossos dome, says Lamea, launched a plan to avoid action. The action of body "masked under principles of police action of proportionality, congruence and opportunity, was of total inactivity," says magistrate, who opened case in September 2017 after altercations of 20 and 21 of that month.
Lamea considers that, Soler and Puig integrated a hierarchical organization "under a common direction at top of which was President of Generalitat of Catalonia", Carles Puigdemont, imprisoned in Germany from 25 March to await his Possible delivery to Spanish justice. This "stable structure", according to magistrate, has characters of criminal organization: hierarchy, permanence in time and distribution of tasks.
The Judge Lamet notes that defendants could be necessary authors or cooperators of offences of sedition by "omission". On altercations of 20 and 21 September, when a crowd mobilized by entities sovereigntists ANC and Òmnium prevented departure of civil Guards and judicial Commission that registered headquarters of Ministry of Economy, judge states: "Far from acting They limited mselves to appearing impossibility of such fulfillment in view of tumult of people concentrated in building, when in fact it was an open refusal to repeated requests of assistance that y received from Civil Guard, in To protect judicial commission in charge of carrying out Register by court order. "
In case of referendum day, actions of defendants not only limited to not comply with judicial action but went beyond, according to judge, "encouraging that ir plans of action were known in advance by occupants of schools F Acilitando in this way that y could prepare scenarios that would lead Mossos not to act, obstructing police officers, really willing to comply with that court order, spying and controlling ir actions.
The judge bases its resolution on a series of clues collected during instructional phase, among which so-called Enfocats document, which includes roadmap to independence and role of various actors of procés, is highlighted. There is also a report by Guardia Civil with communications of Mossos in day of referendum in which it is noted that officers did not intend to close electoral colleges, as ordered by High Court of Justice of Catalonia.Resource against processing
In its appeal against prosecution, which has had access to Efe, Soler recalls that Llarena refused to extend cause of supreme to or and rest of investigated in national hearing, not appreciating connection with facts, which, in his view, would prove that no There is no criminal network, because not even Puigdemont, which licks attributed leadership, is prosecuted for that crime.
The exdirector of Mossos D'Esquadra also dissociates itself from crime of sedition, because, according to him, it is head of Mossos-which n had action-which had to take decisions on operation of October 1 and not him.
However, judge believes that excupola of autonomic police, led by Soler and Government, under mandate of Exconsellor Forn and his second César Puig, led "his subordinates to an auntic leave of functions" on October 1, simulating a device " Deceitful and fraudulent "that facilitated vote of illegal referendum.