Rajoy and his huge fraud of law

By  Daniel Bernabé ,  www.lamarea.com

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• September 20th, 2017
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The situation that is being experienced about the Catalan conflict has received several legal and political approaches that are very varied and answered by experts and not experts in the field. Undoubtedly, the analysis just commented is the global, I explain. 

If we had the opportunity to make a description of what is happening, using a camera, by expertly applying the zoom, from the specific place -Catalunya- to moving away the target and looking at an impartial observer, we would realize that the situation is obviously exceptional.

At this point, we all know that the lack of political dialogue has brought these consequences. It does not matter to be lost in the origin, who arrived before, if the egg or the hen. 

The citizens only hope that our rulers take the political reins and, with this, this delirium of repression evaporates. Therefore, I understand  that who is called to solve it is our president, who, not in vain, is of all Spaniards .

Since the adoption of the Referendum Law in the Parliament, many steps have been taken, none of which are political in character, as the circumstances demanded: the political problem will be assigned a political response; also, before a legal problem, the answer will be the judicial one. 

If we zoom in, we will see that, before the requirements of the Constitutional Court, those responsible for the Government would have committed crimes of disobedience, administrative prevarication and, who knows, embezzlement of public funds. 

For this reason, the Prosecutor's Office filed a complaint against numerous and numerous senior officials before the Court of Justice of Catalonia.

Let's zoom out and we will see from the outset the rarity that political representatives of millions of Catalan citizens will be treated as defendants, investigated, prosecuted, accused and then convicted .

Let us approach the image again and fix it - already recorded in many retinas - of identifications to journalists, confiscation or seizure of printing plates, seizure of ballot boxes and millions of ballot papers, incursions of the Civil Guard in press newsrooms, postal companies whether public or private, closure of websites, ban on the publication of an election campaign to the media. 

All this, of course, within the framework of the judicial investigation that initiated the complaint filed by the Prosecutor's Office. Let's zoom out:  the persistence of the lack of political dialogue, the judicial machine becomes unstoppable and lavish images more typical of past times ; no doubt our observer can not avoid seeing, with some discomfort, that coercive measures of authoritarian markedness are being carried out in the heart of Europe.

The image is again close: the Attorney General of the State, appointed by the Government, that is, of his full and maximum confidence, issues an instruction to the provincial prosecutors of Catalonia to summon to declare accompanied by their lawyers, through the Judicial police, 712 Mayors who have publicly made available to the Government the municipal premises for the completion of the Referendum. 

If you do not go to the appeal, your detention will be ordered. 

Here is a non-strictly judicial framework that invades the jurisdictional functions of investigation of the crime, stealing them from the natural judge predetermined by law, who was already investigating the same facts: the Superior Court of Justice of Catalonia . 

Let's put the image away: our observer appreciates a persecution against a large group, which represents two million citizens and has been limited to announce something that would do in the future, but has not yet committed. 

A real anticipation of the alleged criminal act, not even a preparatory act of the crime, which more resembles a preventive measure against a broad social and institutional group, than to research measures.

Again we have approached the image and we see that the Council of Ministers has approved  in extremis the intervention of the Catalan finances, in order to avoid, we are told, that public resources are used in the realization of the Referendum announced for 1-O. 

Zooming out, our observer realizes that  in an administrative meeting an administrative measure has been agreed that is not contemplated in the legal system . 

Or yes, because Article 155 of the Spanish Constitution accommodates this measure, but has been stolen for deliberation and debate and joint decision of Parliament.

Finally, the objective focuses on the Judge of the Barcelona Court of Instruction number 13: he has spent six months investigating public posts, following two complaints filed against various people for allegedly collaborating in the referendum scheduled for October 1.

 Not surprisingly, the facts investigated have been characterized as disobedience, prevarication and embezzlement of public funds.

Does it ring? 

Yes, the same crimes and related facts for which numerous investigations are investigated in the High Court of Justice of Catalonia, following the complaint filed by the Prosecutor. 

However, far from inhibiting itself in favor of the superior organ, it has officially ordered numerous entries and registrations in public and private venues, to public and non-public persons. 

Let us finally distance ourselves from the image: it is true that this judge is investigating unrecorded, but it is also true that, in the case of facts intimately connected with those being investigated before the superior organ, he should have been inhibited in favor of the latter, of the High Court of Justice. 

What match has caught the fact that it has caused a multitude of citizens spontaneously claiming respect for public rights and freedoms?

Rajoy remains entrenched after judicial decisions and under the guise of appearance of legality, when de facto,  we have a state of emergency, which is undermining the fundamental rights provided in our democracy . 

This mantle is none other than the Spanish Constitution, which, although many have remained small, the truth is that it contains precepts worthy of being respected, precisely in times of crisis, when a democratic State and law put to the test

Rajoy is acting in fraud of law: it is being supported in the defense of the Spanish Constitution just to attack it frontally , because this and not another is the drift that we are suffering in relation to the obliged respect to the fundamental rights. 

Fraud of law is to act under the protection of the law, scrupulously fulfilling the formal requirements that the law requires, to achieve an illegal result, not consented by the legal system. 

Our legal system does not allow the judicial power to be used to save a political problem, nor does the State Attorney General, the executing arm, order his subordinates to invade the judicial function reserved only for judges.

In this result not allowed by our legal system, has provided a comfortable context for some sharply sympathetic judges to the most reactionary right, loose lines of a judicial authority increasingly depleted and reviled, have acted, oblivious to the most elemental basic rights.

However, it remains to be seen whether this consequence not consented by our constitutional framework will come to fruition, because, without a doubt,  what we see is a damaged image of the Institutions that govern us and the consequent deterioration of the Rule of Law .