Judge refuses amnesty for 18 activists in Barcelona protest trial

Eighteen pro-independence activists are facing trial in Barcelona, accused of coercion and crimes against fundamental freedoms during a 2018 protest. Judge Salvador Roig Tejedor has refused to apply the new amnesty law to their case, despite the protest occurring in the political climate following the 1 October referendum.

The activists face potential sentences of two and a half years in prison, a €6,500 fine each, and payment of the university hall rental, totalling around €130,000. The trial began at the Ciutat de la Justícia in Barcelona after an eight-year investigation.

The protest in question took place in June 2018 against an event organised by Societat Civil Catalana (SCC) at the historic University of Barcelona building. The event was ultimately cancelled due to the demonstration. Defence lawyers Eduardo Cáliz, Xavier Monge, David Aranda, and Carlos Hurtado reiterated calls for amnesty, rejecting the judge's interpretation that the protest was unrelated to the independence movement and instead an attack on the Spanish language and Cervantes.

Judge Tejedor stated he would rule on the amnesty request in the final sentence. Marta Glória López Catalá, the hate crime prosecutor, opposed the application of amnesty.

Context of the Protest

Alerta Solidària, a support group for the activists, said the protest aimed to highlight SCC's links with the Spanish far-right and challenge its perceived neutrality. The group noted the events occurred in 2018, six months after the 1 October referendum, a period marked by repression with political figures imprisoned or in exile. They argue the protest, organised by left-wing independence groups such as the Sindicat d’Estudiants dels Països Catalans, the Coordinadora Obrera Sindical, and the CDRs, cannot be separated from this political context, which had clear pro-independence and anti-fascist elements.

Santi Araña, one of the accused, told VilaWeb that the trial shows a weakness of the amnesty law. He said the law “started badly because it leaves its application in the hands of judges, and judges have a political bias.” Araña believes the trial should not have gone ahead.

Berta Ferrer, spokesperson for Alerta Solidària, said the case aims to demobilise and set an example against social movements and pro-independence and anti-fascist organisations. Francisco Garrobo, another accused, said the Spanish judiciary seeks to protect Spanish nationalist entities like SCC. He told VilaWeb, “They often try to act against specific mobilisations because they want to protect certain entities.”

Aggravating Factors and Testimonies

The Catalan hate crime prosecution, led by Miguel Ángel Aguilar García, applied the aggravating factor of ideological discrimination to all defendants. This legal provision, designed to protect minorities, increased the requested sentences. The accused have criticised this prosecutorial approach, believing it does not align with the spirit of the law and aims to protect Spanish nationalism.

After preliminary questions and the departure of the accused from the courtroom, the trial started with testimonies from around ten witnesses. Josep Quesada Figas, the University of Barcelona's security director, said there were no physical clashes between demonstrators, only some pushing. He confirmed his police statement from days after the event, where he said he removed a wooden chair from an organiser to prevent it from being used as a weapon.

Several SCC officials then testified, denying the political nature of their event. The then-president, José Rosiñol, said the event aimed to celebrate Spanish culture generally and Don Quixote specifically. He confirmed SCC itself ultimately cancelled the event.

During interrogations, the prosecutor tried to build a narrative of intimidation and violence. Many witnesses reported insults and aggressions from demonstrators, but all confirmed they sustained no injuries. They also agreed that the chant “Pim, pam, pum, que no en quedi ni un” (roughly, “Bang, bang, bang, don't leave a single one”) was a death threat.

Another SCC member testified that demonstrators used force to try and open the door to the event hall. However, he admitted that despite outnumbering the SCC members blocking their way, the demonstrators never entered the room.

Ongoing Legal Process

The protest against SCC's “Homage to Cervantes” event took place on 7 June 2018. Pro-independence groups called for the demonstration in a period of political tension. The event was cancelled amid a strong police presence. Alerta Solidària, representing the defence, states that police reports indicate no physical violence occurred.

Around a hundred people gathered outside the Ciutat de la Justícia to support the activists, called by Alerta Solidària and the Desemmascarem el Feixisme (Unmask Fascism) support group. The supporters applauded the accused as they entered the building.

The trial was initially scheduled for last year but was postponed pending the resolution of the amnesty request. With eighteen defendants, this is the largest case involving pro-independence activists to reach the oral phase without the amnesty law being applied. More witnesses are expected to testify in the coming days, followed by the statements from the accused.