Dismisses the appeal of the former president and will be tried a second time
BARCELONA, 4 (EUROPA PRESS)
The Barcelona Court has endorsed prosecuting the former president of the Government Quim Torra for alleged disobedience by not removing from the facade of the Generalitat a banner supporting the prisoners of 1-O, in which it is the second cause of the former head of the Executive Catalan for allegedly not following court orders in this regard.
In the order, consulted by Europa Press, the magistrates dismissed the appeal that Torra’s defense presented against the decision of the investigating court at the end of the investigation.
On December 28, 2020, the Court of Instruction 24 of Barcelona decided to prosecute Torra for an alleged misdemeanor of disobedience for allegedly ignoring the order of the Superior Court of Justice of Catalonia (TSJC), which in September 2019 gave him 48 hours to remove it.
In the appeal, Torra’s defense stated that the order “was neither firm nor enforceable” when he was required to remove the banner, because the decision could still be appealed, and could not constitute a crime of disobedience.
The Barcelona Court replies that, although the resolution ordering the removal of the banner could be appealed, that “does not prevent its execution, thus making it mandatory” even if the appeal was pending.
Torra also reproached the investigating judge for crossing out his attitude of “stubborn rebellion” when deciding to prosecute him, and in the appeal he stated that it is an early and partial assessment that does not respect the presumption of innocence.
On the other hand, the magistrates of the Audiencia of Barcelona maintain that the judge’s order, which they fully endorse, meets the necessary requirements and shows signs of a crime, and they do not see “any loss of impartiality.”
“The mention of the appellant’s stubborn rebellion to comply with what was ordered is nothing more than a description of the subjective element” of the crime of disobedience, according to the magistrates.
Torra alleged that the decision to keep the banner in the Generalitat was protected by the right to freedom of expression, political participation and in his exercise of the office of president, and at this point the magistrates summoned to assess it in the trial.