Puigdemont: Spanish judges pulled of a hybrid coup

Carles Puigdemont is the former Catalan president.

Last Thursday, on Aug. 8, civic organizations and Catalan political parties organized a public event at the Arc de Triomf in the center of Barcelona, just a few meters from the Catalan parliament, within 24 hours. The reason? To welcome my return after almost seven years of exile.

But due to Spain’s Supreme Court judges, who decided to uphold some of the arrest warrants against those who organized the independence referendum of Oct. 1, 2017, this return caused great tension. The fact is, these warrants were being upheld even though the Spanish parliament had approved an Amnesty Law, which ordered all measures stopping us from exercising our political rights be lifted.

I haven’t been convicted — not even tried. I’ve been elected to the parliament of Catalonia, and I’m among the persecuted politicians and activists to whom this Amnesty Law should apply. But the politicized second chamber of the Supreme Court has decided to rebel against a law it doesn’t like, disobeying a democratic parliament.

I call this a hybrid coup — certain judges subverting the will of the people and nullifying legislation passed by a democratic government under the guise of rule of law. For an Amnesty Law not to be able to grant amnesty would be absurd anywhere in Europe, and yet, that’s exactly what’s happening in Spain.

By arguing that voluntary contributions to fund the referendum — which cost the public nothing — amounted to personal enrichment, the court has essentially redefined the crime of “embezzlement.” The distortion of reality taking place in order to put us outside the scope of the Amnesty Law is so surreal, it not only disregards the law, it also mocks Spain’s legislators.

Anyone who has read the law wouldn’t have a single doubt regarding its scope and intent, and several authoritative legal experts — including emeritus members of the Supreme Court — have already expressed their opinion on this.

On Aug. 8, civic organizations and Catalan political parties organized a public event at the Arc de Triomf in the center of Barcelona. | Manaure Quintero/AFP via Getty Images

To make matters worse, both the Public Prosecutor’s Office and the State Attorney’s Office have asked that the Amnesty Law be applied to us. Under normal circumstances, the judges would automatically accede to such requests. But instead, they chose to recognize a private prosecution lodged by the far-right VOX party, which confirms this is judicial persecution of a political nature.

I had promised to return home for the investiture debate of the new president of the Government of Catalonia, who is always elected by the parliament. With all my political rights intact, it was my duty to take part in this important discussion. And so, the politicized Spanish judges ordered the Catalan police to use the opportunity to arrest me.

The risk of being sent to a Spanish prison for years to come was extremely high. Nevertheless, I decided to return. Not only that, I announced where, when and at what time I would appear before thousands of people.

On the afternoon of Aug. 6, I managed to access the Principality of Catalonia and head to Barcelona without being discovered. Two days later, I was able to cross some streets and reach the stage without being seized. And I was able to speak with my face uncovered, a few meters from the seat of the High Court of Justice of Catalonia and the parliament itself, in front of a crowd.

I wanted to go to the parliament, but police had cordoned off the whole area, making it impossible. If I had tried, it would have been tantamount to surrendering to the judicial authorities — who I believe lack the legal authority to persecute me, as they’re in violation of international norms, as well as legislation passed by the Spanish parliament.

I didn’t return to Catalonia to be arrested. I returned to exercise the right to resist oppression. When a judge refuses to apply democratic law, that’s a form of oppression — one that no democrat should tolerate.

I took a very big personal risk to draw attention to a systemic problem of the Spanish judiciary and denounce the political obsession of a court that should be impartial when making decisions. So, in order to remain free, I had to activate the alternate plan I’d prepared — namely, to speak at the event, evade unlawful arrest and leave Spain.

This wasn’t easy. The police caused chaos across Catalonia while trying to arrest me — a member of parliament, a politician whose “crime” was to organize a referendum; not a terrorist or an arms dealer, not a murderer or a rapist. The last time such a massive operation was orchestrated in Catalonia was exactly seven years ago, under my presidency, and on the occasion, it was due to the terrible jihadist attacks in Barcelona and Cambrils.

But, eventually, my exfiltration was successful. There was no need to hide in the trunk of a car — as they claim I did. I sat in the back of a private vehicle and was driven across the border between southern Catalonia and northern Catalonia, which is administratively French territory.

Now I hope that one day, justice will return to the Spanish courts, and judges will respect a law passed by parliament, so that I can return home permanently.