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Empty all prisons now !! Svuotare le carceri, subito!!

What has been happening in the last few days in many Italian prisons (Modena, Reggio Emilia, Bologna, Rome, Naples, Palermo, Padua, Florence, but the list is getting longer by the hour and it seems that there are already 27 prisons involved in the prisoners’ protest, with a number not exactly ascertained – even in its causes – of deaths – at least six – and injured, some of them very serious) was predictable: in a country where there are more than 61.000 prisoners in jail, with a capacity of 50,000 places, where for decades no pardon or amnesty has been seen (a term that has become almost heretical), where the criminalization of deviance and protest has become the norm, where someone talks about “throwing away the key” and someone else abolishes prescription and guarantees, the effect of the health emergency could not have been different.

 

In places where cohabitation is forced and turns into promiscuity, where health is not guaranteed even in ordinary times, where dozens of people live in overcrowded conditions, the terror of contagion multiplies and “security” is transformed into greater isolation. The blocking of parental visits, replaced by telephone conversations for which one has to deal with waiting in promiscuity, combined with the absence of the few services ensured, for the most part by volunteers who are now banned from entering, can only generate despair. Despair that can lead to violence against innocent people.

 

There is only one way out, especially at times like this: to reduce the danger of contagion as much as possible, but also the violence of despair. This imposes important choices, immediately practicable such as emptying prisons (and other places of detention, including migrant centres) of elderly and sick prisoners, with the immediate granting of home detention, probation and/or suspended sentences, as well as emptying prisons of those who have to serve short sentences; ensuring the effective communication with the outside world, guaranteeing information and health care.

It is urgent, indispensable, humane and respectful of individual rights and freedoms!

 

Later we will return to talk about amnesty, pardon and measures that put the unsustainability of this form of “doing justice” and “applying sentences”, dominated by an incapable and arrogant policy, at the centre of the discussion.

9th of March 2020

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Svuotare le carceri, subito

Appello congiunto di Giuristi Democratici e Legal Team Italia

Quello che sta accadendo nelle ultime ore in molti istituti di detenzione italiani (Modena, Reggio Emilia, Bologna, Roma, Napoli, Palermo, Padova, Firenze, ma l’elenco si allunga di ora in ora e pare siano ormai già 27 gli istituti di pena coinvolti dalla protesta dei detenuti, con un numero non esattamente accertato —anche nelle cause— di morti — almeno sei— e feriti, di cui alcuni molto gravi) era ampiamente prevedibile: in un paese dove nelle carceri i detenuti sono più di 61.000, con una capienza di 50.000 posti, in cui da decenni non si vede un provvedimento di indulto o amnistia (termine divenuto quasi eretico), in cui la penalizzazione di ogni devianza e di ogni protesta è diventata norma, in cui qualcuno parla di “buttar via la chiave” e qualcun altro abolisce prescrizione e garanzie, l’effetto dell’emergenza sanitaria non poteva essere diverso.

In luoghi dove la convivenza è forzata e diventa promiscuità, in cui la salute non è garantita neppure in via ordinaria, in cui decine di persone coabitano luoghi angusti, il terrore del contagio si moltiplica, e le forme di “sicurezza” si trasformano in ulteriore isolamento. Il blocco delle visite parentali, sostituite con colloqui telefonici per cui bisogna affrontare attese in promiscuità, unite all’assenza di quei pochi servizi (assicurati in buona parte dal volontariato ora estromesso) non possono che generare disperazione. Disperazione che può sfociare in violenza contro soggetti incolpevoli.

C’è una sola via di uscita, tanto più in momenti come questi: ridurre quanto più possibile il pericolo del contagio, ma anche della violenza della disperazione. Ciò impone scelte importanti, praticabili subito, svuotando le carceri (e gli altri luoghi di contenzione, CPR inclusi) delle persone detenute anziane e malate, con l’immediata concessione di detenzione domiciliare, libertà vigilata e/o sospensione pena, oltre che di coloro che hanno pene brevi da scontare; garantire la fruizione effettiva delle possibilità di interlocuzione con l’esterno, garantire informazione e presidi sanitari.

È urgente, indispensabile, umano e rispettoso del diritto e dei diritti individuali. Per poi ricominciare a parlare di amnistia, indulto e misure che rimettano al centro della discussione l’insostenibilità di questo modo di “fare giustizia” e “applicare pene” cavalcato da una politica incapace ed arrogante.

9 marzo 2020

 

 

 

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Collective Statement on the situation of refugees in Greece

The signatories acknowledge the recent decision of the Greek Government to increase the level of deterrence at the borders to the maximum, to stop the registration of asylum applications for one month and to turn back to their country of origin or their country of transit anyone trying to enter into Greece illegally, following the Turkish authorities’ declaration to open its borders and to allow refugees to enter Greece.

 

The Greek Prime Minister claims that these measures are adopted in compliance with Article 78.3 of the Treaty on the Functioning of the European Union – however, this provision does not allow any unilateral decision of a Member State nor does it neutralise the obligation for the European Union and the Member States to respect European law, including the Charter of Fundamental Rights, the right to asylum and the principle of non-refoulement.

 

The statements above take place in the context of significant violations of human rights reported from all sides regarding the treatment of refugees who are held in overcrowded hotspots in the Greek Aegean Islands, whether in relation to their basic needs (including proper housing, hot water, food, heating and sanitation) or to their access to justice (including access to a lawyer, to effective remedies against detention or deportation, and to a fair and transparent procedure for their asylum application) and the general malfunctioning of the Greek asylum system.

 

The treatment of refugees and asylum seekers in Turkey has also been condemned by numerous international human rights organizations, despite the efforts of the Turkish authorities to host thousands of refugees since the beginning of the troubles in Syria in 2011 and to implement a new asylum system. These organizations have reported, in particular, a massive deportation of refugees to the north of Syria, an area described as a “humanitarian nightmare”, where civil populations are exposed to a serious and imminent risk of violations of their human rights.

 

The signatories issue a strong reminder that the European Union “is founded on the indivisible, universal values of human dignity, freedom, equality and solidarity; it is based on the principles of democracy and the rule of law” as stated by the Preamble of the EU Charter for Fundamental Rights and Article 2 of the Treaty on the Functioning of the European Union.

 

The signatories strongly condemn all violation of human rights of those seeking asylum in the European Union. On no account does the protection of the EU’s external borders exempt EU Member States from their obligations under European law, including the EU Charter of Fundamental Rights, the European Convention on Human Rights or the Geneva Convention on Refugees (1951), which all prohibit putting into jeopardy the right to life and which support the right not to receive inhumane or degrading treatment; the principle of non-refoulement of asylum seekers; and the right to asylum and international protection for all displaced persons. None of the current Greek practices of (a) suspending registration of asylum applications (b) pushing back refugees arriving from Turkey (c) deporting refugees back to their countries of origin or countries of transit where they will face continued persecution or (d) containing refugees in overcrowded camps without access to basic needs and access to law, are compatible with international and European laws on human rights.

 

The signatories urge:

 

  • EU institutions and Member States, while applying Article 78.3 of the Treaty, to take all appropriate urgent measures to resettle and relocate refugees – including both the recent arrivals from Turkey as well as those currently living in overcrowded camps on the Greek Aegean Islands – in acknowledgement of the core EU principles of freedom, equality, solidarity and human dignity;

 

  • EU institutions and Member States to guarantee to all persons reaching European territory an immediate access to the right to asylum and to refuse to adopt and to condemn and sanction any law or measure aiming to suspend the application of this right or seeking to return refugees to countries where they risk exposure to human rights violations (infringing European and international law, including within the framework of the application of Article 78.3 of the Treaty);

 

  • EU institutions and Member States to ensure implementation of the 2001/55/CE Directive, specifically adopted to address a large influx of displaced persons in order to grant them a temporary protection;

 

  • Greek and Turkish authorities to immediately cease all measures jeopardizing the life and dignity of refugees or involving use of force against refugees, in violation of European and international law, and for the European institutions and Member States to condemn and sanction these policies instead of supporting them;

 

  • EU institutions and Member States to revise their migration policy aiming to externalize the responsibility of migration management to countries not offering sufficient guarantees to respect human rights, and

 

  • All parties involved to respect human rights and the principle of the Rule of Law, which are guaranteed by the Treaties and the European and international law on human rights and refugees.

 

 

List of signatories

 

IUIA-IROL (Institute for the Rule of Law – International Association of Lawyers), International Federation for Human Rights (FIDH), European Association of Lawyers for Democracy & World Human Rights (ELDH), European Democratic Lawyers (AED), Hellenic League for Human Rights / /Ελληνική Ένωση για τα Δικαιώματα του Ανθρώπου και του Πολίτη (ΕλΕΔΑΠ), Human Rights Association (Turkey) / İnsan Hakları Derneği (İHD), Human Right League Belgium (Belgium FR), Association Syndicale des Magistrats (Belgium), Avocats Sans Frontières (Belgium), Bar of Cassation (Belgium), Ordre des Barreaux Francophones et Germanophone de Belgique (AVOCATS.BE), Bars of Brussel (FR), Brabant Wallon, Charleroi, Eupen, Huy, Liège, Mons, Tournai and Verviers (Belgium), Bar of Luxembourg.

 

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WE WILL NOT BE A PART OF THIS CRIME!

Once again, Erdoǧan is using refugees as political pawns. Once again, human rights defenders from different fields and countries are witnessing an illegal and inhuman situation at the border between Greece and Turkey.

Official numbers are not available, however, it is clear that thousands of refugees, including a large number of minors, have been manipulated by Erdoǧan and are now stuck between two borders without the chance not only to access asylum procedures, but even proper food, clean water and a place to stay. There are serious reports about violence against migrants and it is also known that around a hundred people who have crossed the border have already been arrested by Greek authorities. Besides this new situation, the unacceptable situation in the Greek hotspots is still on going and people are dying in the Mediterranean Sea.

Once again it is necessary to remind European Governments of their obligation to adhere to the principles of international laws and human rights.

The current plight of migrants at the border between Turkey and Greece is not just the responsibility of these two countries. The European States are directly responsible for this crisis, in addition to the dire situation in Greek hotspots and/or the Mediterranean Sea. This disaster is a direct outcome of the unlawful and unofficial EU-Turkey Statement. This Statement should be cancelled immediately. There is no doubt that Turkey is not a safe country for migrants and declaring it safe third country is a clear violation of human rights. The “Safe zones” in Syria suggested by the Turkish state are contrary to international law.

A solution can only be found in Europe and without the participation of the Turkish Government. National politicians and EU representatives should immediately set xenophobia, populism and racism aside. These approaches lead to fascist solutions that are incompatible with our European values.

The right to seek protection and the right to live in dignity is the fundamental right of every single person whose life is under threat. European States have to provide access to international protection, not just out of humanistic sensitivity, but because they are legally complied to do so.

Therefore, the EU states and international organisations should not provide any support to the measures adopted by the Greek Government to suspend registrations of applications for international protection and deport without registration all persons entering Greece illegally. These acts violate international refugee and human rights law and find no support in the decision of ECHR in N.D. N.T. v. Spain (Applications nos. 8675/15 and 8697/15). Such manipulation of laws and reading of judgements endangers the rights of every European citizen and democracy and poses a fatal attitude towards persons in need of protection.

Greek courts have announced convictions of those arriving in Evros these days with up to 4 years imprisonment without suspension. These measures violate the Geneva Convention and raise serious questions in relation to due process and fair trial. European governments and international organisations should act.

 

Since the situation is worsening daily:

  • We are calling Greece to open the borders and stop using police violence against the refugees immediately.
  • We are calling for the immediate relocation of refugees from Greece to other states in Europe. The “take charge” system of the Dublin III Regulation could be used immediately, as well as other relocation mechanisms. In this regard EU budget should be used for these ends and not for FRONTEX operations aiming at intercepting and pushing back refugees and asylum seekers from the Greek sea and land borders.
  • We call for the cancellation of all criminal charges brought against refugees whose crime is to cross the border.
  • We ask European states to respect international and European law and human rights charters.
  • We call for the immediate abrogation of the unlawful EU-Turkey Statement.
  • We call upon everybody to take a position in this dramatic situation.

 

Yiota Masouridou, vice-president of AED, Athens states: “Since the adoption of the EU-Turkey Statement in 2016 EU Member States are collectively violating the principle of non refoulement. A human rights solution needs to be implemented now, by accepting refugees and asylum seekers in EU territory. Short term political solutions that disgrace Europe’s legal culture should be abandoned.“

And Turkish lawyer Ceren Uysal adds: “We are witnessing a crime against humanity. We strongly believe that it is necessary to act, protest and fight against the erosion of the rule of law and the violations of human rights”.

 

There is an on-going crime and we will not be a part of this crime!

 

Athens, Istanbul, Berlin, Amsterdam, Paris, Brussels, Rome, Madrid, Barcelona, 02nd of March, 2020,

 

 

Contact:

Giota Massouridou, Vice-President of the AED-EDL: massouridoup@yahoo.gr

Download the Statement

 

Signatories:

Avocats Européens Démocrates  Borderline Europe, Iuventa10,  Mission Lifeline , SeaWatch e.V., Alarmphone, Dutch Organization for Asylum Lawyers, Medico international e.V , Borderline Europe, The Dutch League for Human Rights, Foundation of the Day of the Endangered Lawyer, Lawyers’ Association for Freedom (ÖHD), Progressive Lawyers’ Association (CHD), Republikanischer Anwaltsverein (RAV), LegalteamItalia, ALA – Madrid, The German Association of Democratic Lawyers (Vereinigung Demokratischer Juristinnen und Juristen e. V./ VDJ), European Association of Lawyers for Democracy & World Human Rights (ELDH) Europäische Vereinigung von Juristinnen und Juristen für Demokratie und Menschenrechte in der Welt, Kritnet, Swiss Democratic Lawyers

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the protection of European borders prevails over the right to asylum

The European Court of Human Right (ECHR) just took a decision in favour of the Spanish authorities, by endorsing the practice known as “push-back” of people trying to reach the Spanish enclaves of Ceuta and Melilla. Although another body of the Court had already condemned Spain in 2017 for this illegal practice[1], its Grand Chamber decided this time that Spain had not violated the rights of the exiles who had already crossed its border by sending them back to Morocco quickly and widely. With this highly serious decision, the ECHR legitimizes the generalization of the principle of non-refoulement. Furthermore, it endorses the impossibility of applying for asylum in case of illegal border crossing and welcomes the good collaboration with Morocco in the repression of exiles.

Migrants face refoulement practices all along their way at the EU’s external borders which are increasingly extending to the South, and to the East. They also face it when they try to cross the Sahara[2], the Balkan countries[3] or when they attempt to flee the Libyan hell[4]. This reality (which can lead to death in the most dramatic cases) also affects the European territory, as illustrated by the recurrent deportations of migrants at the French borders with Italy and Spain[5]. The refoulement practices are multiplying and have become an increasingly standardised form of management of the illegalised mobility that it’s necessary to stop by any means.

For at least two decades they have suffered from the violence of the Spanish border guards while trying to enter in the enclaves of Ceuta and Melilla. The Spanish militaries are not to be outdone: numerous NGOs reports show that Morocco regularly conducts violent repressions and roundups to keep exiles away from the border[6].

Despite this old and well-documented reality, the ECHR in its judgement of 13 February concludes that Spain has not committed any violation, finding “(…) that the applicants [had] placed themselves in an unlawful situation” by attempting to cross the Melilla border at an unauthorised location. It adds that “They thus chose not to use the legal procedures which existed in order to enter Spanish territory lawfully (…)”. Misleading argument considering only exiles who entered through an accredited border post could be protected from refoulement or that they could apply for asylum at the consulate without hindrance. However, numerous human rights organisations – whose reports were deliberately disregarded by the Court – have established that black people are especially tracked by the Moroccan security forces who prevent them from reaching the border posts of the enclaves. Access to the asylum office in Ceuta and Melilla (established in 2015) is thus impossible for them. They have no other choice but to climb over fences and their sharp blades, or set sail, risking their lives[7].

The ECHR, by reversing Spain’s conviction, gives a strong signal to the European States for the generalization of these violent practices of refoulement and to the legitimation of the externalisation of asylum. Indeed, by figuring that a Member State can restrict the right to seek protection on its territory in some places or some circumstances, the Court endorses practices contrary to international law and that the EU has been trying to promote for a long time: preventing the arrival of those who are looking for protection, either by erecting physical or legal barriers, or by subcontracting its obligations to countries notoriously hostile to migrants.

The signatory associations strongly condemn the Court decision. We refuse to allow the principle of non-refoulement, a cornerstone of the right to asylum, to be questioned in the name of the externalisation policy and of the borders protection of the EU and its Member States. We support migrants in the exercise of their freedom of movement, and we fight against the violence and racism that they suffer along their illegalized trajectories.

Signataries :

  • Association Européenne pour la défense des Droits de l’Homme – AEDH (Europe)
  • European Democrates Lawyers (Europe)
  • Borderline Europe (Allemagne)
  • Euromed Rights (réseau Euro-Mediterranéen)
  • Group of lawyers for the Rights of Migrants and Refugees (Grèce)
  • Lawyers for Freedom – OHD (Turquie)
  • Migreurop (réseau Euro-Africain)
  • Progressive Lawyers association – CHD (Turquie)
  • Republican Lawyers Association – RAV (Allemagne)

 

 

[1] ECHR, October 3, 2017, N.D. et N.T. c. Spain, req. n° 8675/15 et 8697/15

[2] Amnesty International report, « Forced to leave – stories of injustice against migrants in Algeria », 2017 ; Alarmphone Sahara, « Octobre 2019 à Janvier 2020: Continuation des convois d’expulsions de l’Algérie au Niger », January 2020

[3] Le Monde « La Bosnie, cul-de-sac pour les migrants », December 30,2019 ; See also the website of « Welcome» which informs on violence in the Balkan countries. https://welcome.cms.hr/index.php/en/

[4] Brief n°7 « Libya: where thugs are funded by Europe to mistreat migrants », May 2018 ; Forensic Oceanography, “Mare Clausum”, May 2018

[5] ANAFE, Persona non grata –Conséquences des politiques sécuritaires et migratoires à la frontières franco-italienne, Observation report 2017-2018

[6] See for instance: Migreurop, « War on migrants – The black book of Ceuta and Melilla » 2006, Human Rights Watch « Abused and Expelled Ill-Treatment of Sub-Saharan African Migrants in Morocco », 2014 ; Caminando Fronteras « Tras la frontera », 2017 ; GADEM « Coûts et blessures – Rapport sur les opérations des forces de l’ordre menées dans le nord du Maroc entre juillet et septembre 2018 », 2019

[7] See for instance : collective report « Ceuta et Melilla : centres de tri à ciel ouvert aux portes de l’Afrique ? », December 2015 ; Third party intervention by the Council of Europe Commissioner for Human Rights – Applications No. 8675/15 and No. 8697/15N.D. v. Spain and N.T. v. Spain: https://rm.coe.int/third-party-intervention-n-d-and-n-t-v-spain-by-nils-muiznieks-council/1680796bfc ; Third party intervention by Aire Centre, Amnesty International, ECRE and the International Commission of Jurists: https://www.amnesty.org/download/Documents/EUR4191102018ENGLISH.PDF

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Avocates et avocats de France en grève : on est là !

Avocates et avocats de France en grève : on est là !

Depuis plus de 6 semaines, les avocates et avocats de France sont en grève contre le projet du Gouvernement de réduire leurs droits à la retraite.

Le système de retraite des avocates et avocats en France est un exemple de solidarité entre eux, quels que soient leur mode d’exercice et leur situation économique. Ce régime bénéficiaire participe également à la solidarité avec les autres professions, sans corporatisme.

Malgré cela, le projet du Gouvernement aura pour conséquence d’augmenter considérablement le montant de leurs cotisations et de réduire leurs pensions de retraite.

Cette augmentation des cotisations pèsera principalement sur la moitié des avocates et avocats ayant les revenus les plus bas.

C’est pourtant cette partie de la profession qui assure l’accès aux droits du plus grand nombre : la défense pénale pour tous, le droit de la famille, des mineurs, des consommateurs, des locataires, des travailleurs, des étrangers,…

L’augmentation des cotisations rendra impossible économiquement l’exercice de la profession et réduira drastiquement l’accès aux droits pour toutes et tous !

Derrière la réforme des retraites, c’est un projet de société que défend le Gouvernement Français : celui de l’argent roi, de la loi du plus fort, de l’écrasement des plus faibles ; une atteinte à la solidarité.

Le combat des avocates et avocats en France est, pour nous, avocates et avocats européens, un combat emblématique pour un autre projet de société.

Aujourd’hui, les avocates et avocats européens regardent avec fierté les avocates et avocats de France défendre la place de la défense dans la société et leur apportent tout leur soutien.

Barcelone, Colmar, le 15 février 2020

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Lawyers from France on strike: we’re here!

For more than 6 weeks, lawyers in France have been on strike against the Government’s plan to reduce their pension rights.

Lawyers’ retirement system in France is an example of solidarity amongst lawyers, whatever their type of practice and their economic situation. Furthermore, this pension scheme also contributes to solidarity with other professions, without corporatism.

Despite this, the Government’s plan will result in a considerable increase in the amount of their contributions and a reduction in their retirement pensions. This increase in contributions will mainly affect lawyers with the lowest incomes, nearly half of all lawyers in France.
It is, however, this part of the profession that ensures access to the rights of the greatest number: criminal defence for all, family law, law for minors, consumers, tenants, workers, foreigners, etc. The increase in pension contribution fees will make it economically unviable to exercise the profession and will drastically reduce access to rights for all!

Behind the pension reform, the French government defends a social project: that of the reign of money, the law of the strongest, the crushing of the weakest; an attack on solidarity. The fight of lawyers in France is, for us European lawyers, an emblematic fight for another social project.

Today, European lawyers proudly watch French lawyers defend the place of defence in society and give them their full support.

Barcelona, Colmar, 15th of February 2020

 

 

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CRIMINALIZATION OF JURISTS FOR THEIR PUBLIC DENUNCIATION OF TORTURE AND MISTREATMENT

The AED-EDL has been informed of the trial against Lorena Ruiz-Huerta, which has taken place on the 10th of February 2020. Lorena Ruiz-Huerta is accused of slander for statements she made on television in 2014, when she was a practicing lawyer and member of ALA, in which she stated that during her professional work as a legal aid lawyer she was aware of the usual praxis of wrongful acts against the rights of detainees by police corps. The lawyer was denounced and accused of the crime of slander by the Unified Police Union, the Union of the Guardia Civil and the Federal Union of Police, as well as by the Public Prosecutor’s Office.

Further, the AED-EDL has also learnt about the complaint of three prison-agents’ trade-unions in Catalonia against Iñaki Rivera, Director of the Observatory of the Criminal System and Human Rights (OSPDH), and the SIRECOVI project of the University of Barcelona, professor of law and researcher, for having stated in a television program that in the prisons of Catalonia there was torture, ill-treatment and abuse. This jurist who defends human rights has deserved the support of the International Federation of Human Rights (FIDH) and the World Organisation Against Torture (OMCT) in a joint statement on the 21st of December 2018. In their statement, they warned that the misuse of criminal law against statements and messages protected by freedom of expression and information had an inhibiting effect. On the 16th of September 2019 the World Organisation Against Torture (OMCT) issued a new urgent appeal.

The AED-EDL supports both professionals and denounces the criminalization of lawyers and jurists in the exercise of their profession and in their action to denounce the violation of human rights and fundamental freedoms, including the practice of torture and ill-treatment by public officials. The critical disclosure of these practices is part of the commitment of the legal profession to the promotion of human rights and fundamental freedoms and is protected by the freedom of expression and information, thus helping to inform the public and the public debate on the functioning of State institutions, according to point 23 of the Basic Principles on the Role of Lawyers (8th UN Congress on the Prevention of Crime and the Treatment of Offenders – Havana, 27 August to 7 September 1990) and as proclaimed, among others, by the Grand Chamber of the European Court of Human Rights in the case of Morice v. France.

Barcelona, on the 15th of February 2020

 

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LA CRIMINALIZACION DE LOS JURISTAS POR SU LABOR DE DENUNCIA DE LAS TORTURAS Y MALOS TRATOS

La AED ha tenido conocimiento que el día 10/2/2020 tuvo lugar el juicio por delito de calumnias contra Lorena Ruiz- Huerta por unas declaraciones en televisión en el 2014, fecha en que era abogada en ejercicio y miembro de ALA, en las que manifestó que en el ejercicio de su profesión como letrada del Turno de Oficio había tenido conocimiento de la práctica habitual de actuaciones lesivas contra los derechos de las personas detenidas por parte de los cuerpos policiales. La abogada fue denunciada y acusada por el delito de calumnias, por parte del Sindicato Unificado de Policía, la Unión de Guardias Civiles y la Unión Federal de Policía, así como de la Fiscalía.

Por otro lado, la AED también ha tenido conocimiento de la denuncia de tres sindicatos de funcionarios de prisiones de Catalunya contra Iñaki Rivera, Director del Observatori del Sistema Penal i dels Drets Humans (OSPDH), y del proyecto SIRECOVI de la Universidad de Barcelona, profesor de Derecho e investigador, por haber manifestado en un programa televisivo que en las prisiones de Cataluña existía la práctica de la tortura, los malos tratos y las vejaciones. La criminalización de este jurista defensor de los derechos humanos, mereció el apoyo de la Federación Internacional de Derechos Humanos (FIDH) y de la Organización Mundial Contra la Tortura (OMCT) en un pronunciamiento conjunto de 21/12/2018. En él, alertaron del efecto inhibitorio del uso indebido del derecho penal contra las declaraciones y los mensajes protegidos por la libertad de expresión e información. El 16/9/2019 la Organización Mundial de la Tortura (OMCT) realizó un nuevo llamado urgente.

La AED muestra su apoyo a ambos profesionales y denuncia la criminalización de los abogados y de los juristas en el ejercicio de su profesión y de su acción de denuncia sobre la vulneración de derechos humanos y libertades fundamentales, incluida la práctica de la tortura y de los malos tratos por parte de funcionarios públicos. La divulgación crítica de estas prácticas forma parte del compromiso de la abogacía con la promoción de los derechos humanos y las libertades fundamentales y está amparada por la libertad de expresión y de información, colaborando a informar la ciudadanía y al debate público sobre el funcionamiento de las instituciones del Estado, según el punto 23 de los Principios Básicos sobre la Función de los Abogados (VIII Congreso de NNUU sobre Prevención del Delito y Tratamiento del Delincuente –La Habana, 27 de agosto a 7 de septiembre de 1990-) y como proclama, entre otras, la STEDH de la Gran Cámara en el caso Morice contra Francia.

Barcelona a 15 de febrero de 2020

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Freedom for Hamza Haddi and Mohamed Haddar

The European Union must stop the arbitrary incarceration of refugees and migrants

We express our solidarity with Hamza Haddi and Mohamed Haddar who are currently being held in pre-trial detention in Komotini, Greece. Both are facing long prison sentences because they are being wrongfully and arbitrarily accused of “smuggling”.

Hamza Haddi and Mohamed Haddar are Moroccan citizens who fled their country searching for protection and better living conditions, Hamza Haddi in particular is a known political activist who was hoping to be granted political asylum in Europe. In Morocco, he is facing political persecution for his activities during the Arab Spring as well as for his engagement with the Moroccan Human Rights Association L’Association Marocaine Des Droits Humains AMDH. He has been imprisoned three times and, together with his family, been constantly targeted and intimidated by Moroccan authorities. Hamza is a political refugee.

With Europe’s ever-increasing closure of borders and the impossibility for refugees to legally enter Europe and claim asylum, they were forced to embark and risk their lives on a makeshift boat. Hamza, who had fled from Morocco together with his brother Yassine went on to meet two companions on the way; Reda and Mohamed in Turkey. There, they spent only a few days before attempting to cross the Evros river that marks the border between Turkey and Greece in July 2019.

In Greece, the four arrived, only to be immediately arrested by Greek border police. But not enough. Hamza Haddi and Mohamed Haddar are now accused of and are facing trial for the “smuggling” of two persons – one of them being Hamza’s own brother Yassine!

The accusations against Hamza and Mohamed are clearly unfounded. They are refugees, not smugglers.

Their companion Reda was coerced into signing a testimony that is now being used to wrongly accuse Hamza and Mohamed as being the smugglers. Reda can neither speak nor read Greek and later confirmed that the written document does not match his statement.

Consequently since July 2019, Hamza and Mohamed have been held in pre-trial detention in Greece and are facing more than ten years of imprisonment each. The basis of their trail is placed upon a testimony signed under pressure and without an interpreter.

We are calling for their immediate release!

The case of Hamza and Mohamed is unfortunately not an isolated case but paradigmatic for yet another facet of Europe’s policy of closing borders and deterrence. While European supporters or so-called “human rights defenders” such as Carola Rackete or the iuventa10 have recently received a lot of attention and support after having become the target of increasing criminalisation, there is hardly any information nor support for those without a European passport facing the very same accusations. However, it is them who constitute the majority of those being arrested and imprisoned in Italy and Greece on grounds of alleged “smuggling” and “aiding illegal immigration”. Arrested immediately upon arrival, a lot of them disappear unknown and unheard of and with no access to support from outside.

The basis for this is Greek legislation that considers any person found to have driven a vehicle across Greek borders, entering Greece without required documentation, as a smuggler.

The arrests as well as trials that follow these often-unfounded accusations of smuggling are arbitrary. Police officers might accuse the person holding the tiller to steer the boat, or the one who communicated with the coast guard to call for help or simply someone who speaks English, to be a smuggler. In Greece, the average trial lasts only around 30 minutes, leading to an average sentence of 44 years and fines over 370.000 Euro. Suspects, or what we would deem ‘victims’ of this unjust legislation, usually have limited access to legal assistance, most of them relying on public defenders. Observers voice concerns about a “shocking lack of deep processing”, reporting that judgements are pronounced despite lack of evidence and poor quality of translation.

This statement is to express our solidarity with Hamza Haddi and Mohamed Haddar and all those criminalized and deprived of their basic rights in the European Union’s proclaimed fight against “smugglers”. We call on everyone to condemn the arbitrary application of anti-smuggling laws against people on the move, who are often already in fear of their lives. We denounce the exploitation of the vulnerable situation of asylum seekers by the EU member states, leaving them without the means to properly defend themselves.

Together with the Hamza Haddi and Mohamed Haddar support committee we demand:

• The immediate release of Hamza Haddi and Mohamed Haddar.
• All charges against them to be dropped, and their innocence to be recognized.
• Hamza’s asylum application to be accepted and his asylum granted.
• Regularisation of the situation of Hamza and Mohamed, and freedom of movement for all.

We further demand:

    • Freedom for all those that are suffering the same fate, being imprisoned in Greek and Italian prisons because they were looking for a better life.
• A change in the Greek and Italian law in order to remove the legal grounds for these arbitrary arrests and convictions.

    –>  Attend the trial of Hamza and Mohamed on February 4th 2020 in Komotini, Greece!
–>  Donate for their legal defence: https://www.lepotsolidaire.fr/pot/94duqw1k

Download press statement:

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GREEK

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WE ARE HERE SINCE 1974

After years of persecution and resistance, the CHD has decided to renew
the association.

 

ÇAĞDAŞ HUKUKÇULAR DERNEĞİ ORDINARY GENERAL ASSEMBLY

CONCLUDING STATEMENT

“WE ARE HERE SINCE 1974”

Our Association was closed down by the government in 2016. We had then announced that this was not a legitimate decision for us; we would not accept it. When our offices were looted, and the doors of our offices were locked up and sealed, “ÇHD does not exist merely in the offices”, we said. As we account for the hard process we have gone through we have the honor to keep to our word.

We are honored, that is correct. However, we are not surprised with the seamless will to struggle of our Association as well as its attitude in the face of the contemporary of state of affairs in our country. For this outcome comes naturally out of the power and legitimacy of our tradition. It is equally the immediate result of our faith in and aspiration for a just, free, classless world that does not welcome exploitation. In this process, some of our valued Bu members were held captive; they were tortured; they were convicted to ten year-long imprisonment. But we have persisted to convey to our friends and foes, to Turkey and to the whole world that another lawyering practice is possible and that ÇHD will never and ever withdraw from opting for this practice.

The Conference that we organized within the scope of the Ordinary General Assembly, on January 18, 2020 was turned into a vibrant platform for struggle where our decisiveness, our will to solidarity and resistance came to the fore, showing the impossibility to end the ÇHD by despotic measures.

The Ordinary General Assembly also showed that the ÇHD is not alone in its struggle; that it has hundreds of comrades who would join the struggle for a just world. The messages of friendship and solidarity, sent by many lawyers’ organizations to our Association are examples of this. The messages that we received from the workers in the tents of struggle, from the families of Soma miners, from the families of Çorlu train massacre, from the families of our friends who were taken from us in the October 10 Train Station massacre and in Gezi resistance once more confirmed the historical importance of the lawyering practice of the ÇHD. The messages of friendship, comradeship and solidary that we received from our colleagues in Italy, Portuguese, United States, Phillippines, Netherlands, Germany, Switzerland, Asia-Pacific countries, Catalonia, Greece who struggle with similar faith and decisiveness also showed the extent of our reach throughout the world, that we are part of a global comradeship. In this respect, the first conclusion that we have is as follows: We claim each and every concern of social opposition in the world, in general, and in Turkey, in particular! We claim the concern of each and every resistance tent, strike, boycott, the demands of a body, vanishing for justice, the demands of women, resisting on the streets, the demands of our colleagues in France, throwing their robes, the claims of the lawyers in Pakistan – our comrades who were killed – all our claims, too! They claim ours! The hope for free, just and bright features lies in such true solidarity.

“The Crisis of Capitalism, the Crisis Law”

The Ordinary Constitutive Assembly that we held under the title, “Crrisis of Capitalism, the Crisis Law” opened a space where we could underline the social dynamics of the present historical period and discuss the agendas of social opposition – to which the ÇHD has been a historical party – and the requisites brought in by these agendas. Many members of our Association have contributed significantly to these discussions with their presentations.

Assessing the presentations and discussions together we reached the following conclusions:

  • We are at a critical historical phase not only in Turkey but throughout the world. On the one hand, we observe the aggressive imperialist policies that increase with the deepening economic crisis. On the other hand, we witness the rise of resistance in different parts of the world. These developments point at the main lines of struggle and possible alliances in the coming years.
  • ÇHD, is the name for a certain practice of lawyering. In the process ahead of us, it should be the main mission of all its members to carry this practice of lawyering, developed by the ÇHD laboriously into the new period. ÇHD is the organization of the lawyers who are the workers of struggle, turning the law into a means for justice – and not those lawyers who approach the law as a technical asset. With such awareness we cite the following topics to be included in the agenda of the ÇHD:
  • ÇHD started its Ordinary General Assembly in the absence of our dear Chair, Selçuk Kozağaçlı, and our respectable members Behiç Aşçı, Aytaç Ünsal, Aycan Çiçek, Ebru Timtik, Barkın Timtik, Oya Aslan, Ayşegül Çağatay and Engin Gökoğlu since they were imprisoned. The first item of the ÇHD in the past, present and future shall be the freedom of their colleagues who were taken prisoner, who were taken hostage. It is certain that ÇHD should organize effective actions for the freedom of our colleagues who are imprisoned. It is also important that the ÇHD should also adopt an effective working style in matters listed below for the strengthening of social opposition – which is also significant for the freedom of our imprisoned colleagues. We shall not step back from the maxim, “Freedom to Imprisoned Lawyers”, until our last imprisoned comrade gains her/his freedom.
  • ÇHD shall continue to take sides with the workers and labor in the face of all attacks against the working class. It is clear that it should be the capitalists to pay for the crisis, not the workers. ÇHD believes in the legitimacy of the working class struggle; we shall not reduce the working class struggle to the laws and the courtrooms. We shall be in solidarity with the working class on this basis; we shall struggle in solidarity with the working class. We shall continue to be in solidarity with the working class whenever and wherever they are attacked, whenever and wherever they are hurt, whenever and wherever they stand up.
  • The suicides that span through the country is a concern for the ÇHD. ÇHD does not approach the suicides as individual cases; it knows that anti-capitalist struggle is the only bulwark against the increase in the number of suicides due to the crisis of capitalism.
  • The process of the State of Emergency (Olağanüstü Hal, OHAL) was used as a grounds to dissolve the public space and to continue with the neoliberal transformation. ÇHD acknowledges that its our duty to keep up with solidarity with the public workers who were dismissed from public service and who were almost pushed to die civil death.
  • The power bloc in Turkey is accelarating its attacks and violent practices against the Kurdish people. ÇHD, as its also stated in our by-laws shall defend the right of nations to self-determination. Pursuant to this principle we shall put solidarity with Kurdish people in every sphere and at every level among our prior duties in the coming period. ÇHD defines the imprisonment of the political representatives of Kurdish people and the appointment of trustees to the elected municipal administrations as part of colonial politics and a matter of political injustice. Our Association shall continue its stance against the war against the Kurdish people that involve occupation and annihilation in our country as well as across the borders. ÇHD shall stand against all kinds of aggressiveness by Turkey, of all reactionary-fascist countries in the region and cross-border imperialist forces against the will of the Kurdish people.
  • It is obvious that the region is under attack of the aggressive imperialist policies that are aimed to reshape it; to open up space for wars that would bring in evermore blood, hunger, poverty to the peoples in the region. It shall be one of the main duties of the ÇHD to adopt the maxim, mperyalist talan ve saldırganlık politikaları karşısında “war against the palaces, peace to the cottages” to be an active party to the anti-imperialist struggle that would enhance solidarity with the peoples in the region.
  • The environmental plunder, the right to the environment, and climate rights are the topics that concern us. ÇHD takes sides with all struggles against Channel İstanbul, hydroelectric power plants and similar practices that are environmentally destructrive.
  • Today in Turkey, the average number of women who are killed in domestic violence daily is five. The OHAL process brought in a period when violence against women and the LGBTIQ+ was increased and reinforced by the conservative rhetoric that has been circulated by the government. In the meantime, the courts have been functioning as mechanisms of impunity in cases of violence and rape. One of the topics in the ÇHD’s agenda for struggle in the new period is to eliminate the current impunity in the juridication concerning cases of gender-based violence.
  • Gender equality is one of the main topics of concern for ÇHD. This was true yesterday, and it still is true today. We shall develop the means for ensuring gender equality in every social sphere and to struggle against sexism.
  • Prisons shall be one of the main concerns for ÇHD’s struggle. This was the case in past; it shall be the case today. Today it is obvious that illegality is the norm; thus the prisons are filled with political prisoners. In our country, political prisoners are involved in actions, extending from hunger strikes to death fasts in order to defend and/or claim their most basic rights. ÇHD shall continue to work to defend the rights of the political prisoners and stand by them. All political prisoners who are imprisoned due to their claim to a classless, free and just world where exploitation is eliminated are ÇHD’s clients, friends and comrades.
  • ÇHD shall also follow the attacks against the profession. Lawyers are impoverished increasingly, lawyers-as-workers try hard to make ends meet, they are exploited. We shall not forget our colleague Gökhan Vural Arı who committed suicide. We shall keep struggling for our colleagues’ economic and social rights as one of the main topics of concern of the ÇHD.
  • The licences of legal apprentices are usurped. This usurpation is realized in an arbitrary fashion and a group of legal apprentices are tried to be prevented by the power-holders at the very initial stages of their career, since they are perceived to be “threats”. This attack grows out of a futile fear, but it has serious consequences. Eliminating against this attack shall be one of the main topics in ÇHD’s new period.
  • Enhancing the solidarity with the migrants and refugees shall clearly be a main topic of concern for ÇHD. Millions of migrants who have been turned into objects of bargaining by Turkey and the power-holders in Europe are also victims of racism that has been deliberately provoked by the same power-holders. ÇHD shall approach the rights and liberties of the migrants and refugees on an equal stand with the rights and liberties of citizens’ rights and liberties.
  • There is no jurisdiction in Turkey. Criminal jurisdicion is conducted directly by command; thousands are deprived of the right to just jurisdiction; their right to defence are restricted; they are imprisoned. In this period when coursehouses fall short of ensuring justice, it is the ÇHD’s duty to take sides with the rights struggles of the oppressed, repressed and whose rights are violated.
  • ÇHD is aware of the significance of the international solidarity of progressive lawyers. In this respect, it shall further develop the activities that it has already been pursuing. In this respect, we shall support our colleagues who are in resistance in France. In the meantime, we shall look for ways and methods to stand by the Pakistani democratic lawyers, to whom the Day of the Endangered Lawyers is dedicated in 2020. One step in this regard shall be active participation in the international action that will take place on January 24, 2020.

In the light of these statements and decisions, our General Assembly considers the letter sent by Selçuk Kozağaçlı as a statement and announces the following decisions:

From now on, ÇHD shall continue with its solidarity acts in the past, and “shall take its place in strike tents, in front of the morgues, in the faculty boycotts, behind the barricades, in front of the queues. ÇHD shall concern not to be more intelligent than the ones with whom we struggle together but to turn the potential to fight together, to trust to each other into action in order to weave an axis of struggle.”

ÇHD Ordinary General Assembly is determined to show that, “to be nuts is preferable than to be obedient”! For it us who claims the reputation to be the nuts, to pursue the impossible and not to hesitate to tresspass; we shall not turn it over to anyone!

ÇHD IS HERE; IT WILL ALWAYS BE HERE!

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Stop Police and Judicial Cooperation with the Turkish Republic!

Press release, 26.11.2019

 

We call for the immediate Stop of Police and Judicial Cooperation with the Turkish Republic!

Turkey’s recent history has been marked by the destruction of internal standards of the rule of law and external aggression and war crimes contrary to international law. Neither the bombing of its own civilian population in 2015 and 2016 nor the transformation of the Turkish state into a presidential authoritarian regime in subsequent years resulted in a decisive reaction from our Governments. Neither the dismissal of more than one hundred thousand civil servants, the imprisonment of hundreds of journalists and lawyers, the draconian persecution and punishment of those who exercised their democratic rights, election manipulations, nor the non-recognition of election results Erdoğan did not like, as well as the attack on the Syrian-Kurdish region Afrin, which violated international law, were grounds for our Governments to question the cooperation with the Erdoğan regime. An unspeakable reason for this silence is the alliance formed with Erdoğan to prevent the further migration of refugees to core Europe.

In view of the current events in Northern Syria, we demand from our Governments to finally draw the long overdue consequences given the violations of human rights and international law by the Turkish authoritarian regime.

Athens-based lawyer Yiota Massouridou of AED-EDL explains: »The Turkish state has openly justified its aggression against the North-Syrian Kurds, which is contrary to international law, with the aim of exchanging the current population. A state which propagates ethnic ›cleansing‹, in which fundamental civil and human rights do not apply, in which arbitrariness prevails and which commits crimes against international law must not be treated as a partner by any European government«.

We demand:

  • the immediate cessation of police and judicial cooperation with Turkey
  • the termination of the so-called refugee deal and
  • the revocation of any powers of persecution in State security proceedingsrelating to Turkey. The Turkish state in its current constitution can neither be a partner in refugee policy nor an object of protection under criminal law.

In view of the political persecution of any opposition, the violent oppression of the Kurdish minority and the obvious cooperation of the Turkish state with terrorist organizations such as the Islamic State, police and judicial cooperation with the Republic of Turkey bears the real danger of the involvement of European authorities in oppression, torture and state terrorism.

Berlin-based Lawyer Stefan Kuhn of the Organisationsbüro der Deutschen Strafverteidigervereinigungen clarifies: »Only by strictly refraining from judicial and police cooperation with Turkish authorities, it can be ruled out that repressive measures, torture and unjust judgments are carried out in Turkey through information provided by any European authority. Conversely, courts and authorities in EU member states may not use any information suspected of having been obtained by methods contrary to the rule of law. The EU Governments must not support a criminal regime«.

Avocats Européen Démocrates / European Democratic Lawyers (AED/EDL)
European Association of Lawyers for Democracy & World Human Rights (ELDH)  Komitee für Grundrechte und Demokratie e.V.
Organisationsbüro der Strafverteidigervereinigungen
Republikanischer Anwältinnen- und Anwälteverein e.V. (RAV)
Vereinigung Demokratischer Juristinnen und Juristen e.V. (VDJ)

 

Kontakt:

Republikanischer Anwältinnen- und Anwälteverein Geschäftsstelle
kontakt@rav.de
www.rav.de

Tel. +49 (0)30 41 72 35 55

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Statement on the Judgement of the Spanish Supreme Court on the Catalan Referendum Case

in English:

Berlin, on the 23rd of November 2019

 

The AED was part of the dozens of international organizations monitoring the Trial on the Catalan Referendum Case in Madrid. In a statement this February we warned of the lack of procedural guarantees and the danger of violating human rights if there were a conviction.

On Monday, the 14th of October, the Spanish Supreme Court issued an unprecedented ruling in Europe, condemning the Catalan political and social leaders to a total of 100 years in prison. In this sentence, peaceful demonstrations or peaceful resistance represented the crime of sedition (“public uprising and tumultuary“). This sentence clearly restricts the exercise of freedom of expression, the right to peaceful assembly, as well as public political participation.

The Court dropped the State Prosecutor’s charges of rebellion, but issued severe sentences for the crimes of sedition, embezzlement of public funds, and disobedience, in the context of the Referendum on the Independence of Catalonia, on the 1st of October 2017.

The AED recalls that the referendum was a non-violent act of civil disobedience, organized peacefully to allow the voices of many Catalans to be heard. The only violence on the 1st October was perpetrated by the Spanish Police, in actions of disproportionate violence.

AED considers:

– These have been political proceedings, putting people on trial for their political ideas.

– The prison sentences imposed represent a historical error, which, far from solving the problem, worsens it.

– The powers of the Spanish Kingdom have done nothing to resolve this situation, which should have been solved politically through dialogue, and not through the involvement of the judicial power and therefore with the intervention of the State Prosecutor’s Office, directly appointed by the Spanish Government.

– Far from providing any solution, the verdict against the political prisoners shifts the conflict to the European arena and the international courts of Justice, which will not solve the problem either. If the international community, particularly the European Union, does not play an active role in helping resolving the conflict, an international call for dialogue and a peaceful and democratic solution is needed.

AED condemns the violation of Human Rights (civil and political rights listed and recognized by Treaties and Conventions dully signed by the Kingdom of Spain), the violation of criminal and procedural principles, as well as the criminal law principles of fragmentation, proportionality and last resort, by the criminal proceedings and its sentence of last 14th of October 2019.

The grave violation of the abovementioned rights and principles in this sentence and its logic, renders it impossible to analyze from a strictly legal point of view. Any earnest attempt at interpreting this sentence based on technical and legal concepts, such as sedition, uprising, violence or fundamental right becomes partially unsuccessful. The reason is because it is an ideological resolution aimed at replacing the political solution that is needed in the conflict in Catalonia.

AED asks the executive powers of both the Spanish and Catalan governments to seek through dialogue and compromise to end the criminal response to the underlying political problem, to put an end to the repression by police, to free the prisoners and bid the safe return of the exiles and, instead, finally seek to start a negotiation to find a political solution to the conflict based on dialogue and respect.

 

in French:

Motion sur l’arrêt de la Cour suprême espagnole sur l’affaire du référendum catalan

Berlin, le 23 novembre 2019

L’AED a participé avec dizaines d’organisations internationales dans l’observation du procès sur l’affaire du référendum catalan. Dans une déclaration faite en février dernier nous avons mis en garde contre l’absence de garanties procédurales et le risque de bafouer les droits de l’homme des accusés en cas de condamnation.

Lundi 14 octobre, la Cour suprême espagnole a rendu un arrêt sans précédent en Europe, condamnant les dirigeants politiques et sociaux catalans à 100 ans de prison au total. Dans cette arrêt, les manifestations pacifiques ou la résistance pacifique représentaient le crime de sédition (“soulèvement public et tumulte”). Cette phrase restreint clairement l’exercice de la liberté d’expression, le droit de réunion pacifique, ainsi que la participation politique publique.

La Cour a abandonné les accusations de rébellion portées par le Procureur de la République, mais a prononcé des peines sévères pour les crimes de sédition, de détournement de fonds publics et de désobéissance dans le cadre du référendum sur l’indépendance de la Catalogne, le 1er octobre 2017.

L’AED rappelle que le référendum était un acte non violent de désobéissance civile, organisé pacifiquement pour permettre à de nombreux Catalans de faire entendre leur voix. La seule violence du 1er octobre a été perpétrée par la police espagnole, dans des actes de violence disproportionnée.

L’AED observe que

  • Il s’agit de procédures politiques, de poursuites judiciaires contre des personnes pour leurs idées politiques.
  • Les peines d’emprisonnement imposées représentent une erreur historique qui, loin de résoudre le problème, l’aggrave.
  • Les pouvoirs du Royaume d’Espagne n’ont rien fait pour résoudre cette situation, qui aurait dû être résolue politiquement par le dialogue, et non par la participation du pouvoir judiciaire et donc par l’intervention du Procureur, directement nommé par le gouvernement espagnol.
  • Loin d’apporter une solution, le verdict contre les prisonniers politiques déplace le conflit vers l’arène européenne et les tribunaux internationaux de justice, ce qui ne résoudra pas non plus le problème. Si la communauté internationale, en particulier l’Union européenne, ne joue pas un rôle actif dans la résolution du conflit, un appel international au dialogue et à une solution pacifique et démocratique est nécessaire.

 

L’AED condamne la violation des Droits de l’Homme (droits civils et politiques énumérés et reconnus par les Traités et Conventions dûment signés par le Royaume d’Espagne), la violation des principes pénaux et procéduraux, ainsi que les principes de fragmentation, de proportionnalité et de dernier recours du droit pénal, par cette procédure pénale et l’arrêt du 14 octobre 2019.

La violation grave des droits et principes susmentionnés dans cette phrase et sa logique rendent impossible une analyse d’un point de vue strictement juridique. Toute tentative sérieuse d’interprétation de cette phrase fondée sur des concepts techniques et juridiques, tels que la sédition, le soulèvement, la violence ou les droits fondamentaux, échoue partiellement. La raison en est qu’il s’agit d’une résolution idéologique visant à remplacer la solution politique nécessaire dans le conflit en Catalogne.

L’AED demande aux pouvoirs exécutifs des gouvernements espagnol et catalan de chercher, par le dialogue et le compromis, à mettre fin à la réponse criminelle au problème politique sous-jacent, à mettre fin à la répression policière, à libérer les prisonniers et à demander le retour des exilés en toute sécurité et, enfin, à entamer une négociation pour trouver une solution politique au conflit basée sur le dialogue et le respect.