The tension generated by the imminent closure of an agreement between the PSOE and the pro-independence parties to approve the amnesty law is having repercussions in the judicial world. While the conservative sector expresses itself in terms such as "the beginning of the end of democracy", in recent days judicial decisions are being adopted to try to compromise the effects of the amnesty.
In this context, the judge of the National Court Manuel García-Castellón has reacted to the report received last week by the Civil Guard in which he closed the circle of the investigation open since 2019 on the organizers and ideologues of the Democratic Tsunami movement . The instructor has taken a step forward and opened a formal investigation against the former president of the Generalitat, Carles Puigdemont, the general secretary of ERC, Marta Rovira, and ten other people for a possible crime of terrorism.
The magistrate warns that Puigdemont is currently under investigation by the European Parliament, and therefore, until there is a plea, he offers him to testify voluntarily. With this resolution, the magistrate could open the way to raise a preliminary issue before the Court of Justice of the European Union in the event that the amnesty is finally approved. This means that it should be Europe that determines whether a member state can grant amnesty for terrorism.
The amnesty agreement aims to benefit, among others, those accused of terrorism as long as there are no crimes resulting in injury or death. Until yesterday's resolution, the only two cases open for this crime are that of the CDR and that of the Democratic Tsunami, and in no case were these two exceptions.
However, in the interlocutory order handed down on Monday, the judge includes more than a hundred injured, as well as more than half a hundred policemen, during the riots of October 2019 as a result of the sentence in the process and, even , the possible responsibility for a death.
In the resolution, the instructor refers to the riots that took place at El Prat airport and which caused "a serious disturbance of public peace". As indicated, during the time that the occupation lasted, "the physical integrity of numerous members of the forces and security forces, of the demonstrators, travelers and workers of the installation was put at risk, and also of air safety".
The magistrate also warns that there was one death, as was made public in the media, and wants to know if it was a direct result of the riots. That is why he has requested a report on this issue from the Civil Guard. It also urges the preparation of a certificate of injuries to offer potential victims who personify the cause.
The cause of the Tsunami began following the disturbances in Catalonia in 2019. The judge, together with the Civil Guard, sought to find out who was behind the organization of a movement which, according to the judge, aims to "subvert the constitutional order, economically and politically destabilize the State, and seriously alter public order through mass social mobilization".
Two years ago, the investigation into the Tsunami came to a standstill, coinciding with the gradual relaxation of the political situation in Catalonia. However, a few months ago the Civil Guard reactivated the case. It has drawn up an involvement report and, in addition, determined the economic cost of the damage caused, which amounts to 2.19 million euros.
A few days ago the judge admitted the impersonation of Vox and the victims' association Dignitat i Justícia, to prevent the Prosecutor's Office from being the only impersonated party. The public ministry is not in favor of considering these crimes as terrorism. If the complaints for this crime had not been filed by the party and the entity, the case would have been transferred to the ordinary Catalan courts.
On Thursday, the investigators delivered a full report on the implications, in which Rovira was pointed out as the person behind the user Matagalls and who had done coordination tasks for Tsunami regarding the search for institutional supports and his political party.
The resolution cites as investigated, in addition to Puigdemont and Rovira, the head of the office of the former president Josep Lluís Alay, the businessman Oriol Soler, the former deputy of ERC Xavier Vendrell, the national secretary of social movements of ERC, Marta Molina; businessman Josep Campmajó, and Jesús Rodríguez Sellés, Jaume Cabani, Oleguer Serra -Òmnium- and Nicola Flavio, linked to the Tsunami.
In addition, he also cites as a witness the leader of Bildu Arnaldo Otegi, one of the people who was at a meeting in Geneva in August 2019, which Puigdemont also attended and which, according to the judge, is when he orchestrated the operation and performances of the Tsunami.
After the resolution was made public, the ex-president, who is in Brussels negotiating with the PSOE the final details of the amnesty that should allow the investiture of Pedro Sánchez, denounced a "permanent coup ”, while ERC has considered the accusations “aberrant”. For his part, ERC deputy in Congress Gabriel Rufián pointed out to X that "Tejero wears a toga".
