Homs during 9-N trial: ‘We were not violating any law’

  • Homs admitted to being 'surprised' when the Spanish Government presented an appeal before the TC for alleged conflict of competences

08.02.2017 - 13:30
Actualització: 09.02.2017 - 10:03

The trial over the 9-N symbolic vote on independence in 2014, which took before Barcelona’s High Court former Catalan President Artur Mas amongst other members of the Government continues. The third day of the trial included the declaration of Francesc Homs, former Catalan Minister for the Presidency and Artur Mas’ right hand man at the time when the non-binding consultation took place, in 2014. According to Homs, when the Catalan Government received the Spanish Constitutional Court (TC) ruling he told the Government that by allowing the 9-N they wouldn’t be ‘violating any law and even less the penal code’. Homs, who is currently Catalan European Democratic Party (PDCeCAT) spokesperson in the Spanish Parliament, was called to testify at Barcelona’s High Court as witness. However, on the 27th of February, he will have to appear before the Spanish Supreme Court and testify over his accusation of disobedience and perversion of justice when co-organising the 9-N.

Former Catalan Minister for Presidency explained that he was responsible for the Government’s legal services and that besides this his being a lawyer made him knowledgeable of the TC resolutions and the executive’s responses.

According to Homs, when Mas suggested launching a participative process rather than a referendum, at the sight of the TC’s ruling, the Spanish Government reaction was one ‘of disdain’ and he pointed out that expressions such as ‘it has no effect’ and ‘it is just a protest’ were used by the government in Madrid.

Thus, Homs admitted to being ‘surprised’ when the Spanish Government presented an appeal before the TC for alleged conflict of competences. In its new appeal, the Spanish Government used an article of the Spanish Constitution which enables to cautionary suspend a law which has been taken before the TC, which, according to Homs, is ‘an abuse of process’. Thus, the Catalan Government presented an appeal for violation of the fundamental rights of opinion, expression and political freedom.

The Spanish Public Prosecutor, Emilio Sánchez Ulled, refused to pose any question to Homs. ‘What a pity! What answers are they afraid of?’ Homs said later, on Twitter. In response, Ulled said in a conversation outside the court that he could be promoted to the Spanish Supreme Court instead and interrogate Homs on the 27th of February. Ulled made this statement in relation to the appearance before the Spanish Supreme Court where Homs is due to do to testify over his accusation of disobedience and perversion of justice when co-organising the 9-N.


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