The trial of Catalonia independence leaders, legally named and popularly known as the , was an oral trial that began on 12 February 2019 in the Supreme Court of Spain. The case was tried by seven judges and was chaired by judge Manuel Marchena. Judge had previously coordinated an instruction between October 2017 and July 2018, as a result of which 12 people were tried, including the previous vice president Oriol Junqueras of the regional government and most of the cabinet as well as political activists Jordi Sànchez and Jordi Cuixart and the former Speaker of the Parliament of Catalonia Carme Forcadell. Some defendants remained in pre-trial detention without bail from the beginning of the instruction process and have thus already served part of their sentence.
The accused were tried for the events surrounding the organization and celebration of the 2017 Catalan independence referendum after it was declared illegal and was suspended by the Constitutional Court of Spain, the passing of laws to override the Constitution of Spain and Statute of Autonomy of Catalonia that were declared illegal and the Catalan declaration of independence on 27 October 2017.
The trial proceedings officially ended on 12 June 2019. A unanimous verdict by the seven judges that tried the case was made public on 14 October 2019. Nine of the 12 accused received prison sentences for the crimes of sedition; of them, four were also found guilty of misuse of public funds. Their sentences ranged from 9 to 13 years. The remaining three accused were found guilty of disobedience and were sentenced to pay a fine but received no prison term. The court dismissed the charges of rebellion. Some of the defendants of the trial have expressed their intention to appeal to the Constitutional Court of Spain and the European Court of Human Rights. The verdict delivered by the Supreme Court sparked multiple protests across the region.
In June 2021, the nine jailed leaders were pardoned. Prime Minister Pedro Sánchez said that he pardoned them because it was the best decision for Spain and Catalonia, but did not overturn their bans from holding public office.
In 2023, Pedro Sanchez gave the leaders an amnesty following the negotiations in the aftermath of the 2023 general election, leading to the 2023–2024 Spanish protests against the Amnesty Law.
Background Catalonia is an autonomous community in Spain, with the capital in Barcelona. As the County of Barcelona, it joined the Crown of Aragon in the 12th century. Within the Crown, Barcelona and the other Catalan counties merged into the Principality of Catalonia. The whole of the Crown of Aragon united at the end of the 15th century with the Crown of Castile. Today, Catalonia is part of modern Spain. The inhabitants of the region are mostly bilingual in Spanish and in Catalan, and have a distinct linguistic, cultural and historical heritage. Despite belonging to Spain, throughout the history of the region, separatist movements have existed at various moments in the past.
On 9 November 2014, a non-binding 2014 Catalan self-determination referendum was held. After the Spanish Government refused to allow a binding referendum, pro-independence parties called for the 2015 Catalan regional election to be considered a plebiscite, with the promise to declare independence in 18 months. Pro-independence parties earned a majority in the Parliament but were backed by less than 50% of the voters. In September 2017, the Parliament of Catalonia approved the Law of the referendum on self-determination of Catalonia, as well as the Law of juridical transition and foundation of the Republic which was to be applied two days after the referendum results were made public and would override the Constitution of Spain and Statute of Autonomy of Catalonia while providing the Parliament with special powers to declare the secession of Catalonia from the Kingdom of Spain. Both laws were declared illegal by the Constitutional Court of Spain. The 2017 Catalan independence referendum, which was called by the Generalitat de Catalunya on 1 October 2017, was also suspended by the same court. Despite this ruling, the referendum went ahead. On 10 October 2017, the President of the Catalan Government Carles Puigdemont addressed the Parliament of Catalonia, but did not unambiguously declare independence. On 27 October 2017, the Parliament of Catalonia passed a resolution declaring the independence of Catalonia, but no actions were initiated to enforce it. Hours later, the Government of Spain seized control of the Generalitat, invoking Article 155 of the Spanish Constitution. Subsequently, some of the independence leaders were sent to preventive detention without bail, accused of crimes of rebellion, disobedience, and misuse of public funds. Carles Puigdemont and four members of his cabinet fled into self-exile.
Prosecutors The prosecution was formed by the State Prosecutor's Office and the State Attorney's Office, with the right-wing political party Vox as public prosecutor. The defendants were accused of the crimes of rebellion, disobedience, and misuse of public funds.
Spanish Attorney General: The prosecutors of the Criminal Chamber of the Supreme Court who drafted the indictment were Javier Zaragoza, Fidel Cadena, Consuelo Madrigal, and Jaime Moreno, maintaining the lawsuit for rebellion filed by José Manuel Maza, former attorney general of the state, in 2017 and the instruction of Judge . According to the prosecution's text, "the secessionist plan included the use of all the means necessary to achieve its objective, including - with the certainty that the state would not accept the situation - the violence necessary to ensure the pretentious criminal outcome, using the intimidating force that represented, on the one hand, the tumultuous action deployed with the large mobilizations of citizens instigated and promoted by them, and, on the other, the use of the Mossos d'Esquadra, armed police made up by approximately 17,000 troops who would exclusively abide by their instructions -as was the case- and that, if necessary, they could coercively protect their criminal objectives, thus subtracting the fulfillment of the genuine function of keeping and preserving the constitutional order". The State's advocacy body was presented to the cause in March 2018. According to its submitted text, consellers (ministers) Junqueras, Forn, Turull, Romeva, Rull, and Bassa must receive a more serious punishment for their authority status, as responsible parties for having induced, sustained and directed the sedition from its condition of members of the Catalan Government. The rest are accused of having executed the referendum using public funds and of disobedience for having systematically ignored the agreements of the Constitutional Court. The activists Jordi Cuixart and Jordi Sànchez are accused of having induced, sustained and directed a crime of sedition. In December 2018, the director of the State's legal service, Consuelo Castro, replaced Edmundo Bal in favour of Rosa Maria Seoane as a representative for the cause. Vox: This political party was admitted as a public prosecutor in November 2017 by magistrate Maria Eugènia Alegret, provided they paid a deposit of 20,000 euros. In Spanish law, a private person under certain circumstances can prosecute criminal charges of public importance. According to Vox, a "binding" referendum was promoted and that supposed "a clear attempt to subvert the constitutional order" to "disintegrate the territorial unity of the State", by which they understand the events that occurred as a "subversive attack against the current constitutional order", as a coup strategy to hold an "illegal referendum" on the 1 October 2017. Jordi Cuixart's defense lodged an appeal with the Supreme Court, demanding that the right-wing party be expelled from the proceedings and not be able to participate in the trial. The Supreme Court, despite criticizing "the risk of transferring the political dispute to the legal process", eventually dismissed the appeal. Javier Ortega Smith, lawyer and Secretary-General of Vox, and Pedro Fernández, Vox "Legal Vice-Secretary", will represent the popular action during the trial.
Defendants There were a total of 18 people being tried within the context of this case. They are listed below in alphabetical order by their last name, indicating the accusation, the conviction requested and the sentence by the Supreme Court.
Supreme Court +Politicians and activistsNamePortraitOfficeAttorney General prosecutionSolicitor General prosecutionVox prosecutionDefense lawyerVerdict Charge Requestedsentence Charge Requestedsentence Charge RequestedsentenceCrimeSentence Dolors Bassa Minister of Social Welfare, Employment and Family Rebellion Misuse of public funds 16 years imprisonment 16 years absolute disqualification Sedition Misuse of public funds 11 years & 6 months imprisonment 11 years & 6 months absolute disqualification Rebellion Criminal organization Misuse of public funds 74 years imprisonment Mariano BergésSedition with misuse of public funds12 years imprisonment and 12 years ban to hold office Meritxell Borràs Minister of Governance, Public Administration and Housing Disobedience Misuse of public funds 7 years imprisonment 16 years absolute disqualification €100 fine per day for 10 months Sedition Misuse of public funds 7 years imprisonment 10 years absolute disqualification €100 fine per day for 10 months Criminal organization Disobedience Misuse of public funds 24 years imprisonment 2 years special disqualification €108,000 fineDisobedienceFined during 10 months Jordi Cuixart President of Òmnium Cultural Rebellion Misuse of public funds 17 years imprisonment 17 years absolute disqualification Sedition 8 years imprisonment 8 years absolute disqualification Rebellion (two crimes) Sedition (two crimes) Criminal organization 52 years imprisonment Marina Roig and Benet SalellasSedition9 years imprisonment and 9 years ban to hold office Carme Forcadell President of the Parliament of Catalonia Rebellion 17 years imprisonment 17 years absolute disqualification Sedition Misuse of public funds 10 years imprisonment 10 years absolute disqualification Rebellion (two crimes) Sedition (two crimes) Criminal organization Disobedience 52 years imprisonment 2 years special disqualification €108,000 fine Olga Arderiu Ripoll and Raimon Tomás VinardellSedition11 years and six months imprisonment and 11 years and six months ban to hold office Joaquim Forn Minister of the Interior Rebellion Misuse of public funds 16 years imprisonment 16 years absolute disqualification Sedition Misuse of public funds 11 years & 6 months imprisonment 11 years & 6 months absolute disqualification Rebellion Criminal organization Misuse of public funds 74 years imprisonment Xavier MeleroSedition10 years and six months imprisonment and 10 years and six months ban to hold office Oriol Junqueras Vice President of Catalonia Rebellion Misuse of public funds 25 years imprisonment 25 years absolute disqualification Sedition Misuse of public funds 12 years imprisonment 12 years absolute disqualification Rebellion Criminal organization Misuse of public funds 74 years imprisonment Andreu Van den EyndeSedition with misuse of public funds13 years imprisonment and 13 years ban to hold office Carles Mundó Minister of Justice Disobedience Misuse of public funds 7 years imprisonment 16 years absolute disqualification €100 fine per day for 10 months Sedition Misuse of public funds 7 years imprisonment 10 years absolute disqualification €100 fine per day for 10 months Criminal organization Disobedience Misuse of public funds 24 years imprisonment 2 years special disqualification