You are on page 1of 10

The urgent need of reconstruction of a fair account of what’s going on in Spain, non-

captive of post-truth, populism and manipulation

“…every good Christian is to be more ready to save his neighbor's proposition than to condemn it.
If he cannot save it, let him inquire how he means it; and if he means it badly, let him correct him with charity.
If that is not enough, let him seek all the suitable means to bring him to mean it well, and save himself.”
Presupposition, Spiritual Exercises, Saint Ignatius of Loyola

I have written this rationale or narrative of facts and my personal assessment of them, as a personal
therapy of my distress, my outrage and my worry, to share with those outside Spain that care about me
and have wondered what is going on, watching news on Sunday. Don’t just accept what I say because you
respect me. Think critically. Personally, I can back what I say, not with objective truth or certainties to be
demonstrated (because that seldom exists), but with facts, arguments, readings to reason and argue.
Unfortunately for non-Spanish speakers, of course mainly with Spanish references, media pieces, laws, etc.
I sincerely hope this nightmare may serve as an example of how delicate is the balance of modern
democracies in an era of image, short-thinking (of 140 characters), fake news, demagoguery and
raising populism. We’ve seen it in the US with recent Presidential election. We’ve seen it in the UK with
Brexit campaign. We’ve seen it in different European countries with the raising of populisms. We’re in the
midst of it with this conflict in Spain around Catalonia. I have written the draft and structure on Monday, but
put the text to rest and settle down to represent to the best of my knowledge and conscience, my state of
mind and not the heat of the moment. As I’m used to in ethics deliberation I would have preferred to dissect
better, facts from assessments, but that would imply writing a book and as much as I’d like to have the
luxury of a “couch therapy” I must live with “short therapy”. Finally, I know underlining and highlighting
in bold could be paternalistic and patronizing. But I also know that people execute different intensities
when reading… and this has become an outgrown text. So interpret this as a willing to ease your ordeal.
___

Spain in the news cycle with police hitting civilians just because they wanted to vote?

On Sunday, the world included in its news cycle reports about the conflict in Spain, that hit a peak with
an unprecedented movement of explicit disobedience to Spain’s Constitutional framework, enshrined by
all Spanish citizenship in 1978. Reports almost in all cases focused on vivid videos of clashing of some
police interventions with civil population. And to most Spaniard’s amazement, despite the sadness we all
felt, news mainly presented these interventions as proof of a failed or dubious democracy without
given context to the facts that led to a police intervention ordered by the Courts, to prevent criminal
disobedience to Spain’s rule of law, Constitutional and Criminal Court procedures, in the midst of
what it’s equivalent to an illegal coup d’état, despite presented with apparent and exclusive pacific
means. Some videos, like one edited by BBC in its YouTube channel, are a shameful and improper exercise
to construct a distortion of reality, a monument of manipulation to use in journalist schools, just cherry-
picking one type of video images, implying generalization, completely out of context, selecting them with
omission of other videos images and especially devoid of proper background and fact checking, all in
all, apparently implying that Spain is not a fully fledge democracy and that “Catalan people”, part of
Spain, are repressed to decide about their future.

Being a physician this is like focusing on the objections one may have about the use of high doses of
corticosteroids when is dealing with a panarteritis nodosa crisis (a systemic vasculitis that affects several
parts of the body and as evolves requires a lot of continued and diverse treatments, and may even threaten
live in advanced untreated stages). That is, totally missing the point.

Disclaimer: Those used to 140 characters thinking be advised not to proceed further but at their own
discretion. If you are interested in other than an epidermic culture of images and post-truth and want a
context you are welcome to go on but, buckle up and refill your mug.

Spain is a fully fledged democracy.

Now and on Sunday. After the police interventions you may have seen, too. At least for the last 40 years,
since our recent Democratic transition in 1978, after all the turmoil that the World faced during the first
half of 20th century, that in our case, torn us apart in a Civil War (1936-1939). This contemporary democratic
State is comparable to any consolidated Western democracy and compliant with all International
bodies and International Law & Human Rights conventions, but, also, is enrooted in one of the oldest
Nations/States in the World, dated to medieval centuries, that have contributed to shape how the world is

1
for centuries. Of course, as a modern democracy, Spain has checks and balances that will scrutinize
proportionate or disproportionate use of force by police forces under judicial orders, and prosecute,
if needed, where civil rights may have been threatened, if that is the case.

The distortion and the “false cause”

Videos or news accounts like BBC’s appear also to imply that, capriciously, police forces repress free
citizens as a fact and without any justification, and therefore that this is a proof that there is a cause-effect
justification to the reaction on some of the population in Catalonia (against a non-existing oppression),
when that’s far from being the truth. We need to rewind to get a better picture.

The core problem

The question is: Is there a right of a modern democracy to act upon plain sight attempts of
disarraying and defying its own approved set of rules? (Spain’s Constitution was approved specifically
in Catalonia by more than 3 million, 91% of a 67% turnout in 1978 and became the Rule of rules, the Law
of laws, in Spain. Similar to many other Western democratic States with a Constitutional framework.) What
will that right be? Could the rule of law be nurtured and enforced by the Courts? Should police forces
under Court rulings prevent announced crimes against laws, Constitution and other Court rulings?

Quick aerial view of Spain and Catalonia realities and relationships

To bring you to speed to Spain vs. Catalonia so-called conflict (just held by a part of the people from
Catalonia), where do independent Catalan claims come from? what is Spain related to Catalonia and
vice versa?

Of course, History, on this topic, has it all out there, but if you need an elevator pitch, I have edited and
enriched a piece running on chats, that makes a summary of some elements to take into account.

- Spain is a western democracy of 45 millions that complies to every UE, UN, Council of Europe and
international standard.
- Spain is parliamentary democracy, with a Constitution that can be amended. A vote on territorial
secession would require such amendment and the support of a qualified majority of Spaniards.
-Its Catalan citizens (almost 7,5 million) vote, in every occasion, at their free will. In fact, between
European, national, regional and municipal elections they have voted 6 times in the last five years.
- Therefore, Catalonia is not “oppressed”. It is one of the most prosperous regions in Spain and its citizens
enjoy a high standard of living and one of the highest degrees of self-rule of any region in Europe
(surpassing German Landers and not few of Federal states).
- The party that traditionally ran the regional government of Catalonia for the last 30 years (and
significantly influenced or conditioned State national politics), has used public money and the
“potestas” given by Spain’s Constitutional framework, to promote a separatist agenda through education
and local media and has illegally funded itself with an alleged corrupt scheme, under Judicial scrutiny,
where contractors had to pay bribes of at least 3% of any public work.
- The region of Catalonia has never existed as an independent political entity (State) and was part or
the Kingdom of Aragon, which merged dynastically with the Kingdom of Castille in 1492 to create the
Spain we know today. There is no “union”, as in the UK. Catalonia is to Spain what Rousillon is to France
or Cornwall to England, or Texas to the US.
- Raising of nationalism devastated Europe and the world at the end of 19th century, at a time of
romanticism. Myths and rewriting of History have been pervasive as well as the designing of symbols.
- A raising in concerns in Catalonia about independence rekindled in the middle of the economic crisis.
More recently, as the economy improves and support for independence wanes, the separatists feel a
sense of urgency and appear afraid of “missing the train” and, breaking Spanish and regional laws,
have embarked on a partisan campaign to present the central government as “evil” for not allowing a
regional referendum, neglecting to mention that such an instrument, under Spain’s rule of law
corresponds to the State Government when dealing with Constitutional matters critical to rights of
every Spaniard, like sovereignty, that enjoy equal rights and duties, with freedom. Also, the noise of
this challenge conveniently masks regional corruption scandals and sets up separatists as victims for
the next regional election.

Back to the heart of the problem during the last few years and its current crisis

Now, let me go back to my own narrative and account. The secessionist Government in Catalonia
(based on the remolded romantic “nationalisms” from the end of the 19th century we just mentioned), is
supported by three parties, strange bed partners, from the bourgeoisie right -that has been governing

2
decades and, therefore, spreads a significant number of tentacles on Catalan institutions, and is in the
midst of political corruptions investigations-, to the republican extreme left, to the anti-European
anarchist -a few 8%, that are running the agenda because of the necessity of their votes-. Joining their
popular vote in last 2015 Regional elections they achieved a 47% percent of the vote. Those 2015 elections
where one that were proclaimed to be a plebiscite (where 50% should be exceeded) to move towards
independence after a previous attempt to cast a referendum vote that was against Spain’s Constitution in
2014 (and that has disbarred from public service several leaders of the time). Because of our election law,
despite not achieving that social minimum, this political melting-pot alliance, achieved a majority in
Regional Parliament (just the exact number for a simple majority) where the only focus agenda has
become independence (only way to remain together such differing political parties). Since then, they
appear to be running towards a cliff, in an outrageous and obscenely illegal attempt to stir democratic
coexistence under Spain’s democratic transition and Constitution, more than 40 years ago, trying to create
a de novo legality outside the current rule of law in place in our democratic framework “because a lot of
people support them” (in secessionist lingo, “because the people of Catalonia has this right”).

(BTW, that is what the manipulated cut of Prime Minister was alluding in the unfortunate skewed BBC
video, a recap of the difficulties that Spain has endured and has successfully overcome, like transitioning
peacefully from the dictatorship that followed our Civil War, being admired for it, by the rest of the World).

Should a democracy allow organized disobedience to its Constitution and rule of law?

You can possible claim to be a secessionist in a plural democracy, and, surely, one such claim can also be
judged by its regressiveness and overt populism, to be counter-historic, and anti- what modern Europe
represents, by people like myself. But what one cannot do is jump to a vacuum pretending to be outside
the “rules of the game”. One can be secessionist. What one can be not is a seditious, an insurrect. Not at
least, expecting passive recognition from the State and the democracy he is trying to break dishonestly.

“White-washed” or “happy-flower” coup d’état, but a coup d’état nonetheless, a shame to any
democracy

In an unprecedented disloyalty to the State and the rule of law that gave Catalan authorities their power,
they have been organizing, along last years, a conscientious roadmap to disobey the Constitution, their
own Regional Statute, courts and rule of law. During the last few weeks, they have pressed the gas:
secessionist bluntly plotted and invented so-called unilateral "Catalan legality" that overtly clashed against
Spain's Constitution and their own Catalan Statute. According to this “Catalan legality” people were called
to vote, illegally to Spain’s legality, to decide their future as “people” and as a “State”.

This so-called auto-proclaimed “Catalan legality”, was approved by the regional governing majority in a
couple of shameful sessions, below democratic standards, of the Catalan Parliament, on September 6th-
7th. Against all the rest of the members that represent 52% of the popular vote. Against Legal Counsel
of the Catalan Parliament. Against Catalan Parliament rules and regulations and the rights of the
opposition. Against the Commission that foresees abidance to the Catalan Statute.

Using a simple majority that Parliaments use for “daily issues” or less relevant affairs instead of the
required 3/5 of qualified majority the Catalan Statute requires to be modified (or even the Director of the
Regional TV to be elected!). Basic procedural rules for a democratic debate and legislative process
were contravened for passing two laws presented and approved in a single day each, first the
Referendum Law (September 6th), then a, more delirious “Transition Law” (7th September) if the
referendum, with no qualified participation required, rendered more pro-independence votes, to create an
artifact and legal jump in the abyss of Spain’s framework.

Whooaa. Why this aberration to democracy is not in the news cycle of the world to the public shame of its
perpetrators is as shocking as seeing Trump as President of the USA! It just beats me. How democracy
(the vote of the people and what politicians do with their power out of this vote) can inflict itself a shot in
the leg to their own rules, is not a nice spectacle to watch.

Spain as a State, being a democracy where the rule of law stands, reacts

Needless to say, these laws are plainly and overtly against Spain’s Constitution. And so, it was ruled by
the Constitutional Court. And consequently, they are against Catalan Highest Court rulings. Even this
inept action, contravened all conditions and good practices stated by Venice Commission (Council of
Europe “group” about “lawful” secession). Had no backing or support in any International Law claim.
Paradoxically, Catalan official bulletin, that is, Catalan legality, published these rulings that rendered illegal
those laws of its new “Catalan legality”. But secessionists were not planning to amend their roadmap.

3
Catalonia, not a single minded entity or “people”, but the result of the will of the citizens living in that
geographical area of Spain

More than half of the population in Catalonia finds these distortions, not just of Spanish democracy,
but of any democracy, and this "Catalan legality" an extremist obscene attempt, like running towards
a cliff. But they are a “silent” majority in no-man’s land that social pro-independent Government-
sponsored environment has become for those not complying with the unique thought and “nationalist-
independent mantra”, falsely attributing themselves the will of the “people of Catalonia”.

In an increasingly tense social environment pro-independence is better tolerated than its opposition,
that is progressively and increasingly bullied in public spaces and social life. Catalan Government has
been feeding hatred to “Spain” all over, with the regional resources and latitude given by Spanish rule of
law, in a shameful and disloyal rupture of the same framework that gives them the authority that is
invested to them and claim.

Core issue at hand again: sovereignty of a democratic State

Who exerts the rights of Spain’s sovereignty, each citizen of the country (as the Constitution states) or
“people within a particular territory of the Kingdom/State”? What if those people or a significant number of
them think of themselves as being special? Do they have self-importance syndrome or issues? Do they
confuse reality principle with desire principle (Freud)?. Do they have lack of democratic principles? Or do
they have a right to “self-determination” within a democratic State? Do they have a right to vote on things
that affect all, even if voting at that level is putting their rights above those of their fellow citizens? And if
so, where does this invoked right stops? In the Region? In the province? In the city? In the neighborhood?
In the flat building? In each person?

A confusion of levels. Confusion on the hierarchy of rights.

All citizens in Spain have the same rights and duties, being free and equal under the law. That’s our
law of laws: our Constitution. All territories in Spain, all regions, although enriched with cultural, lingual and
social special characteristics, do not hold rights. Territories don’t hold rights. Citizens do. Populations
have been intertwined from over five centuries of common difficulties shared and entailed. That is why the
first 25 last names in Catalonia, in number, are the same as in the rest of Spain. People living in Catalonia,
that is, Catalans (I would become one just moving there to live and work, because all citizens in Spain are
free and equal under the law) have exercised their democratic rights and privileges with no impediment.
Within our rule of law. The one that differentiates State, Regional and Local matters. State matters belong
to all citizens of Spain. Free to change our rule of Law. Free to change our Constitution. We know the
means needed to do so. Like in any democracy.

A deceitful “smiling” image of Catalan pro-independent supporters

Nationalist and populist, even more when they join sides, as always have done throughout History,
consider “good” or “bad” Catalans to their fellow citizens depending on whether they comply with this
“narrow-minded” believes. Depending on whether or not you are “with us”, the “true Catalan people” or
you are a “weak traitor” (“botifler”, “charnego”) leaning on Madrid, “fascist Spain”… you call it, because
the same has been aired with this crisis. Of course, this is not the way of thinking of every pro-independent
citizen. As usual, there is a long array of different motivations. But this line of anger, and hatred has been
growing louder, more powerful and an instrument for a partisan pro-independent political agenda, laying
on three pillars: the parasitizing of self-focused and culturally narrowed education (possible since
Spain’s very decentralized system of Autonomous Regions has left education and other key social
institutions to the level of the Regions; great proof of oppression, I guess); ruling in Regional and local
institutions; and control and heavily sponsoring of media leaning on this line of “official thinking” and
creation of “civic movements” to “take the streets” and create this environment.

This type of movement all around the world are considered extreme right, regressive, unsupportive of
social justice, elitist. Why are they white-washed in Catalan independent case? One of the reasons,
maybe because they claim to be “pacific” and “happy-flower”, an “smiling revolution”. Sadly enough, that
is far from being the case when you scrap the surface. Although a huge number of citizens are acting on
good faith, there is a progressive leaning on this “new Arcadia” claims, this “emotions stirring” of “our
people” against an outside evil represented in “them” or “Spain”, specially during our last recession

4
economic cycle (“Spain steals Catalonia”), there is a roadmap where the remote-control and the agenda
is under radical independent elites.

In the strategies modern Catalan secessionist have developed there is a mixture between agitprop, as in
the best school of agitation and propaganda, excelled by Goebbels (simplification, unique common enemy,
contagion, transposition, exaggeration, distortion), and political strategies following political thought and
measures from Gene Sharp, champion of “non-violent” fight against power. Spain has been immunized
against violent claims for independence from Basq Terrorism, with no independent conquer. In contrast,
Catalan society has a self-conscience of being peaceful and refined. But whatever the struggle,
whether populism and manipulative or well-intended non-violent, “Catalan case” has given an
unprecedented twist in histories of democracies, in the last few weeks: instead of fighting an unlawful
State (or dictatorship), Catalan secessionist fight a lawful State, in this case to demolished the State
that Spain’s represent.

To the cliff stepping on the gas… slow application of the full extent of the law

Not having the rule of law and the social majority on their side, a spin of legitimacy to justify going
against Spain’s legality was very much needed. To break apart from the true issues and inadequacy of
their claims and to become not just a part within a lawful State, but a part with equivalent recognition as a
State, international mud-fighting and mud-stirring was required to be seen as an unjustly aggravated
part. There was a high risk of being perceived as a delinquent, disloyal and mobster like irresponsible
politicians trying to tear apart one of the oldest countries in the world, fifth European economy and
consolidated democracy. There was risk of being recognized as a regressive, nationalist-populist,
xenophobic and elitist cause of conceited number of citizens that think that their invoked rights are well
over those of the rest of Spanish citizens, against almost every Constitution in the world. Better not to give
pause and risk being too exposed. Hence the rushed timing, because due process and the rule of law
in democracies take time to glean the wheat from the darnel, the trespassing of red lines and the
consequences of them when the full extent of the law is applied.

As the saying goes, better fishing in troubled waters

That’s one of the reasons for speeding the runaway, in this last few weeks, and giving it an international
spin, hoping to have confusion and mixed reactions inside (as it has been the case) within a precarious
political environment with partisan political calculations among disputed political parties (heated
antagonism between the right at Government and the left, and therefore unlikely alliance of main parties
that represent 75% of Spain’s population to present a common front in defense of Spain’s lawful State),
and having their supporters strongly mobilized (and financed) they sought a demonstration of force
from the State. Hopefully before or around the materialization of the illegal referendum. From the shameful
proclamation of “Catalan legality” on, each decision has been more unfortunate and reckless in the
runaway to disobey Spain’s legality, not just the State Government in Madrid (court, legislation, executive
power and population).

The perfect storm

But were there or were there not violent interventions of police against civil population just
peacefully willing to vote? Isn’t that a shame and a disgrace to democracy?

Remember where we left: Constitutional Court ruling, Catalan High Court ruling declaring illegal the two
laws of the so-called “Catalan legality”. Therefore, procedures were unfolding from the Courts and
Public Prosecution to prevent and forbid the first step of this “invented legality”: the vote for
independence.

Spain Constitution has provisions to disbar Autonomous Governments when they disobey and rebel
not fulfilling their duties under the law, that require State Government action, summoning the Regional
Government to drop their defiance, and approval by a majority in the Senate. Other legal provisions apply
in the “National Security Law” and other laws. But due to political wisdom of non-escalating a conflict,
lack of courage, lack of political backing from the opposition to bolder measures, or whatever, State
Government was hesitant to act chirurgically or pre-emptively, and waited, under requests for civility and
democratic manners, to a done deal of plain-sight sedition. Hence the slow motion of the rule of law
under Courts was chosen as a legit resource of a State under threat, as well as reinforcement of
police forces to keep the law and Court rulings.

Meanwhile, a significant number of supporters (highly mobilized) of this non-existing right to secession
in Western democracies, disguised as a “right to vote” (as if Catalans haven’t voted on any of the 38

5
electoral processes under our current Constitution) were adamantly fueled, in an irresponsible way, by
Catalan authorities and civic pro-independent organizations, to claim to other civil support
sympathizers (lots of them, with sincerely held or inflamed believes for independence; others, a few, but
the ones running the slogans, chants and agitprop, activist of antiEuropean, anarchists groups) to act as
a blocking force to court demands and overtly disobey law, courts and police.

I repeat hoping it digs in: an organized, structured and orchestrated disobedience to the Highest Court
in Catalonia was planned. The court, requested police, as a judicial force, to prevent further crimes
or actions under their scrutiny (embezzlement, disobedience, perversion of justice) and preventive
avoidance of the defiance of Constitutional rulings, Highest Court Ruling and their own Catalan
Statute. Not yet sedition, but getting close enough. Criminal whatsoever and rightfully in the process of
being prosecuted by Justice.

Every decision, despite coming from the Highest Courts was simplified in the propaganda public
speakers, and in the “democratic movement of the Catalan people”, as coming from the “executive”
from Madrid (ie. Spain). Good to have a simplified single enemy, remember. More than half of Catalan
population that didn't take the streets and are respectful of pillars of democracy and the rule of law,
where ostracized to silence or fear of being singled-out as an enemy of the “process” (that equals
you to a “fascist”, right on the spot).

A charade of democracy.

Despite that increasingly rare and tense environment, non-participation was a silent mode of expressing
if not plain rejection at least non-compliance with this populist unlawful runaway. That is one of the
reasons of the insufficient turn-out of the “voting”, almost just supporters, and the result, with a 90%
of pro-independence, where in a true ballot vote things would be split, like it almost always is, in this
type of controversial votes, around the 40 somes- 50s.

Once again, a paused look to the spotlight could and should show the lack of any resemblance with a
democratic referendum, with no warranties in place (to check the numbers of ballots, to avoid double
voting, to have a proper electoral college, proper scrutiny, etc.). A smoke curtain was needed or
welcomed. Since no warranties applied to this charade, from head to toe an illegal proposal,
confrontation was needed, but not with the highly mobilized radical elements of the supporters, but
with the well-hearted supporters of this emotional cause of walking towards the dreamed land, to
act as civil rebellious.

The worse, the better?

Not fulfilling, whatsoever, any of the conditions stated by the Venice Commission and, obviously, non-
complying with Spain's Constitution and even with the self-proclaimed rule for the referendum itself,
that was changed one time and again even an hour before the voting, an insult was expected. Was it
even wished-for?

Democracy inside out: a hurricane of paradoxes

Should a State refrain from exercising the lawful application of its law (precisely what public servants
and authorities pledge or promise to serve, obey and “make obey”)?, Should it ignore the action of
Justice when violations of the Law and court rulings are at plain sight? What piece of the State should stop
intervening? The Courts rulings? Should you try not to prevent the execution of something in its root
unlawful and unfair to the “rules of the game” in any modern Country? Should you cave in to
negotiate with the blunt disobedient? With the seditious? In what terms? Before or after returning to
compliance with the law? With “hostages” or not? Tolerating how big a criminal behavior? Assuming or
assuming not the existence of a lawful claim? Does it depend on the numbers of the disobedient? Does
it depend in any way on the means they use, apparently peaceful? Is blocking access and shouting
hands up or sit in the middle of the street to avoid police circulation with Court evidence, of plainly
illegal actions (squatting a public building, defying a court of justice and their judicial police)
peaceful? Can any force be exercised to implement what the Court required? If some, how can you
measure proportion? With multiple interventions expected, and thousands of people on direct
confrontation, how do we judge the magnitude of incidents?

6
Another out-righteous crisis: Political police or lawful (court) police?

Could the judicial police decide not to comply with court ruling? There is more to complete the mosaic.
For the first time, Catalan police, Mossos, another of the privileges or rights proper of an Autonomous
Region in Spain, were basically disloyal to the obligation they have as judicial police: they failed in
preventing the squatting of public-buildings and institutions chosen to be voting places, ordered closed by
the Courts, despite assuring otherwise, acting not as a lawful body but as the "private and political
security firm" of the disobedient secessionist Catalan Government and just a part of their population.
If they would have fulfilled their duty, as ordered by the Courts, let’s be clear, Catalan Courts, and as
they assured that they would to the coordination task-force of police forces, no voting place (public
buildings) would have been squatted during the weekend or remained open on Sunday. Public protest
or even voting in the streets would have been seen and nor repressed unless violent.

But those weren’t the political orders from the seditious Catalan Government and police commands
preferred to serve their “political master” than the law of all, and the court orders. Shame and Justice
will daunt them in due time. They barely put the show of complying in some places, but requested help
from police forces in other 250 places. Where they requested help, they didn’t show up later. Not good
for the cameras and the pictures. The leading role of “police of the people” needed contrast with the
“oppressive police from Spain”. No images include Mossos closing a voting place despite the declaration
of having closed hundreds. More than the other two national police forces. Another service of the regional
TV under the independent spell.

Police use of force executing their Court orders: a trap

Other police forces, from national bodies, acted on the same High Court ruling with the same goal
of apprehending the means of this illegal electoral vote (ballot boxes, list of electoral bodies, illegally
retrieved against data protection laws for an illegal show-off).

Since population was being used (voluntarily) despite knowing that their action were against court rulings
and declared illegal (didn’t care because they were doped under the “Catalan legality spell” and their
genuine thrust for “a new Arcadia”), and that voting places could not be used for an illegal vote with no
warranties, as any police all over the world would have done, use of force was employed in a few
places to move people, barricades and closed doors to grant access to the mentioned material
requested by the Court.

Previously, during and after, people could chant, shout, manifest whatever they wanted, move, or gather.
Like always. No repression of free speech or of any political ideology had been exercised. Nor then, nor
ever. People did insult too, and angrily denigrate police. Specific national police interventions (around
200-300 where developed). 80% where without incident. In around 20% there was more organised
blocking, entrenching of impeding of police access in or out with the apprehended materials to give to the
Court, and force was used. Some also resisted, kicked back, make barricades, pursue and try to corner
police officers. The use of force was not intended against any citizen because of their believes or
political claims. Force was used to access facilities or leave them, when access was blocked. As
dismaying as this was, specially in a few places with stairs, this is not repression. And surely is not the
proof of a failed democracy or one that oppresses their citizens. Even if judged inadequate or
disproportionate a democracy has means to apply disciplinary actions where courts declare so.
Precisely, the same courts that one has decided to ignore are the ones that will protect every citizen’s right.
Because in a democracy there is no legal vacuum or areas where the rule of law does not apply.

And hell breaks loose: smoke curtain and attempt to change the narrative

Real and claimed injuries from these unfortunate events (not reported publicly, and transparently, an
unfortunate circumstance in a partisan Catalan Government that has deemed itself non-reliable also,
when feeding information due to the increased evidence of intoxication aimed towards rejection of
all that “smells Spanish”) where quantified on the hundreds. At the end of the day two citizens were in
a hospital (one hit by a rubber bullet to the air that hit his eye, and one heart attack during one incident).
The rest appear to be bruises, anxiety, minor trauma. These among several hundred thousand of
supporters, up to two million people on the streets all over Catalonia during the day. As day passes a few
of the photographs of invoked injuries have rendered to be from other incidents of 2012, or
exaggerated statements (https://elpais.com/elpais/2017/10/05/hechos/1507220162_048235.html).
Anecdotic as this may be, suits the environment of social tension, agitprop, goat-escaping and witch
hunting of how Spain law and order is being represented.

7
National police action was no different, even milder, than the one Mossos executed in 2011, in a public
space were Catalan citizens were camping for weeks peacefully but denouncing an unjust world in the so-
called 15-M movement. Videos of every European and American police can be found of similar actions in
G20 meetings against “peaceful” but shouting or blocking gathering of citizens. This is no argument to
imply that Spain is the one-eyed in the land of blinds. It’s just that no single police intervention however
deemed inadequate is a proof of a faulty democracy. Unless you already are inclined to think so for
whatever reason.

On the other hand, some of the "peacefully resisted" police interventions, rendered around 400
hundred policemen injured (bruises, bites, minor trauma), 40 requiring medical attention (fractures of
fingers, fracture of leg, trauma). Insults, bullying and harassment are discounted. Spain is a free country
and people are free to denigrate public servants like police that fulfill their duty complying with Court
orders. Although that is a (minor) crime in itself, one has a free pass in these uproars and so it’s been
during these days, of very low profile, “trying not to escalate” a conflict.

Of course, scrutiny, procedures and reports should and will be given after police interventions.

The Highest Court of Catalonia that ordered the interventions has requested a full report about the
participation of each police force involved, the efficacy, results and incidents along the day. People
thought to be wronged can and should challenge in Court whatever police action they choose. This
is as it should in any democracy. Any unlawful exercise of power must experience scrutiny.

But I doubt there is substance to reach any such reprobation when interventions where abiding to Court
rulings against a massive disobedience that attempted to block police interventions.

Scrutiny of the “white-washed” coup d’état. Crisis is not over: Spain’s democracy under threat.

On the contrary, Court procedures will most certainly move forward against unprecedented violations
of Spain's legality and social coexistence. Possibly, most likely, other Constitutional measures will be
used in the following days if Catalan Government insists in his plain disobedience and unilaterally declare
independence. We mentioned some of them before. And since, or if, Catalan Authorities do not backup
from their coup d’état, consequences will follow. The King of Spain in his first speech to the Nation in
extraordinary serious circumstances has plainly explained all these common-sense democratic facts
and urge the full extent of our rule of law and of our civil coexistence to avoid the attack to our Constitution,
our State and our way of living within democratic parameters. Spain is a mature democracy under threat.
Not due to repression, but due to sedition. Once rule of law is settled again, anything could be
discussed within political partisan proposals and the will of the people. Even changing our Law of
Laws.

Naïve chants about “voting” and “democracy”: what you cannot do to a building you cannot do to a
democratic State

Having a significant number of citizens, although not a majority of them so far, feeling disaffection with
their democratic framework or a part of it, is a major social and political problem. But one that cannot
be solved crossing democratic red lines and taking a leap in the abyss, putting in pause-mode the rule of
law.

Let’s not be naïve. This is not the annulment of a marriage due to one part willing to do so. Spain State
and its citizens and “Catalan people” are not two entities to mediate in between. “Catalan people” are
constituted by people living on Catalan Region and no territory within a lawful State has rights. Citizens,
free and equal, have rights. And duties. The claim to “vote” is a distorted one, since citizens in Catalonia
are free to vote at different levels. But on what to vote, on what to claim there are limits and procedures,
like in any other given country. And what they want to vote is not something you can’t just leave to
them. No different than the rights a tenant of a flat has. He owns his flat and decides what to do within its
walls (with some lawful limitations of civil coexistence and rule of law, anyway). But he cannot want to vote
the breakaway of his flat together with the foyer, and the stairs of his floor from the structure of the building
were this flat, the foyer and the stairs are part of. That’s out of his right in any democracy. It’s not impossible
to restructure or reform a building. But it has a due process. A part cannot decide on his sole side what to
do with what has co-ownership from all.

8
Cat and mouse… and slow wheel of justice and due process

State Government remains hesitant of regaining the lead pre-emptively and keeps moving reactively to
“done deals” of disobedience and breakups of Spanish law. In a chess game appears to have chosen
to play with black pieces and react to the movements of white pieces. Catalan Government keeps trying
to maintain international momentum and a highly enraged and mobilized population. This is how
Catalan seditious authorities aspire to confer themselves the “will of the people”. “The Catalan
people”. That’s the mouse and cat sad game we are witnessing after Sunday.

A “strike of the country” was instrumented on Tuesday (it was planned well ahead of Sunday incidents
like foreseen the result of the trap), fueled and executed with violence against workers that did want to
work and couldn’t (no violence or imposition was justified due to outrage), paralyzing Catalonia, while
samples of angry disaffection of anything symbolizing Spain multiply on the streets, and protests were held
on “the unjustified use of force against the Catalan people”. Silent majority remained out-of-sight. Social
tension has raised to DEFCON 2 so to speak. National Police forces stationed throughout Catalonia, were
bullied and angrily attempted to be spelled out from Hotels, streets, towns. Out of their own country by not
very peaceful citizens. “Official truth”: consequences or reaction to their unfair and disproportionate
actions.

Abiding to the law cannot be a dream, but the cornerstone of liberty for all.

That was the message of Spain’s King in the brief but fact checking exceptional speech to all Spaniards
due to the serious circumstances. And along the same lines was JFK’s talk to the Nation in 1962
Mississippi’s riots. His words suit the occasion.

“This is as it should be, for our Nation is founded on the principle that observance of the law is the
eternal safeguard of liberty and defiance of the law is the surest road to tyranny. The law which we
obey includes the final rulings of the courts, as well as the enactments of our legislative bodies. Even
among law-abiding men few laws are universally loved, but they are uniformly respected and not
resisted.

Americans are free, in short, to disagree with the law but not to disobey it. For in a government of
laws and not of men, no man, however prominent or powerful, and no mob, however unruly or
boisterous, is entitled to defy a court of law. If this country should ever reach the point where any
man or group of men by force or threat of force could long defy the commands of our court and our
Constitution, then no law would stand free from doubt, no judge would be sure of his writ, and no
citizen would be safe from his neighbors.”

The facts remained stubborn despite differences and the shock of verifying that a significant number of
people in Catalonia have overtly decided to disobey a lawful or just law (the rule of law applying in
Spain instated by the will of all), under the irresponsible political runaway of nationalist-populist
delirium.

Even if any specific police interventions were judged not to be proportionated, this can only be
judged under the rule of law, where every piece of the complex democratic system has its role: executive,
legislative, judicial. And different levels of legitimacy: state/national, regional, local.

Like in any given democracy.

Spain does not need mediation. It does not need International scrutiny to watch on Human Rights. What it
does need is solidarity from lawful citizens all over the world to think about what happens when a
minority or group, decides to cherry-pick what laws should they abide, what court decision should
they comply with, what crimes should they prevent or prosecute. No nation or state is free of this
risk of tyranny. Not even the so-claimed Catalan Independent Republic. Why its rule of law should
be abided if the one in Spain wasn’t? No one, but a fool, could reply that that won’t be a risk because
Catalan dreamed Arcadia would be a just society and country. Wakey, wakey!

Spaniards shock: you cannot fool all the people all the time

While this turmoil unfolds millions of Spaniards, like me, all around our wonderful land remain under shock.
In Catalonia too. With an unprecedented sense of threat, our hearts torn apart, and our breath contained.
With increased indignation due to the distortion of what is going on, of what is at stake in Spain.

9
What’s unprecedented is that street and social bullies, the ones that broke peaceful coexistence and
unfolded pre-fascist tactics of hatred to “Spain”, the ones that think their rights are above those
shared by their fellow citizens; those that defend a regressive, nationalist-populist claim, which in a
democracy are entitle to, but not defying the rule of law and its common framework; those that
decide which laws to obey or disobey, do gain the “public perception” because of a few, court
ordered, and court scrutinized police interventions.

As Abraham Lincoln said in another “winter” time of confrontation: “You can fool all the people some of the
time, and some of the people all the time, but you cannot fool all the people all the time.”

Don’t you be fooled more time about the situation in Spain and Catalonia, by videos concocted like the
one from BBC or epidermic editorials or news reports that underserve our European and Western
democracies to render them subject to overt manipulation and populism. To the police actions, full
scrutiny of the law. But likewise, and much more significant due to the magnitude of the challenge,
full scrutiny to all irresponsible actions of the secessionist Catalan Government and citizens that
have supported illegal actions. More serious consequences to those that had the duty to respect
and make respect the rule of law and that incite others to break the law instead of behaving within
the limits of a democracy.

Therapy for me accomplished. Unstable condition for Spain until the rule of law is reinstated in all
the country.

I couldn’t remain silent any more. Waiting. Because, things may come to those who wait, but only the
things left by those who hustle. And there has been too much hustle from one biased side. Many in Spain
do think that this attitude could be applied to the Prime Minister, Mr. Rajoy.

We are facing huge challenges in the present and in months and years to come, in Spain. But
installing in a post-truth world is not going to sort it out for us.

Relating to or denoting circumstances in which “objective” facts are less influential in shaping public
opinion than appeals to emotion and personal belief, cherry-picking images and facts to arrive to a
wrong diagnosis and conclusion misled by partisan parties, and weakening the rule of law for free and
equal citizens, will stab to death our political systems of democracies, the least worse system of all
that humanity have tried.

I dream about not having the need to write these words or other analogue to them, again, in different
circumstances so we can all go back to our democracies of “business as usual”.

Thank you. If you have arrived at this finale… enduring the whole text you have my deepest admiration…
remember it was my therapy. And talking about therapy after reading this maybe, just maybe, you may
need to adjust your medication to reduce numbness… ;-))))

Love.

Javier J.

10

You might also like