2. Decision of the UN-Working Group on Arbitrary Detention on political prisoners in Spain
Jul 4, 2019 —
On 18 June 2019, the Working Group on Arbitrary Detention of the United Nations published another decision concerning the political prisoners Joaquim Forn, Josep Rull, Raul Romeva and Dolors Bassa, who, in the opinion of the Working Group set up by the Human Rights Council of the United Nations, are illegally detained in Spain and are being prosecuted for political reasons without any criminal basis.
The text of the «Opinión núm. 12/2019, relativa a Joaquin Forn I Chiariello, Josep Rull I Andreu, Raul Romeva I Rueda y Dolores Basa I Coll (España)» already adopted on 26 April 2019 is available in a «Versión avanzada sin editar» of 18 June 2019. It will shortly be published on the German and Spanish pages of this petition in German and Spanish.
The decision, which is devastating for the Spanish judiciary, concludes that the imprisonment of the Catalans Joquim Forn, Josep Rull, Raul Romeva and Dolors Bassa is arbitrary and contrary to Articles 2, 9-11, 18-21 of the Universal Declaration of Human Rights and Articles 2, 14, 19, 21, 22, 25 and 26 of the International Covenant on Civil and Political Rights (No. 156).
The Working Group on Arbitrary Detention of the United Nations calls on the Spanish State to take the necessary measures to remedy the situation of these four political prisoners without delay and in compliance with international law (No 157).
The Working Group on Arbitrary Detention of the United Nations considers that, in view of all the circumstances of the case, the immediate release of the four political prisoners and, in accordance with international law, their adequate compensation for the unjust detention is appropriate (No. 158).
The Working Group on Arbitrary Detention of the United Nations calls on the Spanish Government to conduct a detailed and independent investigation into the circumstances surrounding the arbitrary deprivation of liberty of the four political prisoners and to take appropriate action against those responsible for the violation of their rights (No. 159).
This is fully in line with the first decision regarding the three political prisoners Jordi Sànchez, Jordi Cuixart and Dr. Oriol Junqueras, which the Spanish state not only does not implement, but explicitly does not recognize, even though Spain is a member of the United Nations and a signatory state to the International Covenant on Civil and Political Rights. Spain is also bound by its own legal order, in particular by the Spanish Constitution of 1978, to the mandatory law of the United Nations.
The Working Group on Arbitrary Detention of the United Nations set up by the Human Rights Council is now publishing for the second time — and in cases which so far concern seven political prisoners in Spain — such a statement, which is devastating for the Spanish state, and thus denounces the prosecution of leading Catalan politicians and representatives of Catalan civil society as injustice. Nevertheless, the Spanish state does not remedy the situation, but continues this injustice. That is why the Spanish judiciary can and must be described as «unjust justice» and the Spanish state as «unjust state» as long as this situation persists! The international ostracism and isolation of such a state is only a matter of time. There are many people in Spain who do not deserve to be held collectively responsible for the unlawful behaviour of Spanish politicians, prosecutors, judges and police officers. But they will not be spared it. Spain has become a country of shame, imprisoning innocent people as political prisoners, violating its own legal order and binding international law, and trampling on Human Rights.
And Europe remains silent and watches!
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