Catalan High Court to try former premier for role in independence vote

The Catalan High Court (TSJC) has decided to prosecute former regional premier Artur Mas and two members of his government for their role in organizing an informal vote on independence for the northeastern Spanish region in late 2014.

Mas, along with former deputy premier Joana Ortega and education chief Irene Rigau, will see the inside of a courtroom for gross disobedience and perversion of justice. They will not, however, face trial for misappropriation, as public prosecutors had called for. A private prosecution brought by a group that includes two police unions, had also called for a six-year jail term for misappropriation. That offense will not be included in the upcoming hearings and trial.

Mas argued that the Catalan regional government was no longer involved in the ballot

Even if found guilty, Mas will not be looking at a prison term should he be found guilty, but could be barred from office.

In a writ made public on Thursday, the TSJC has opened the hearing stage of the trial against Mas as the person responsible for these offenses, while his ex-colleagues will be tried as “necessary collaborators.” The prosecution is calling for Mas to be banned from public office for 10 years, whether it be in the local, regional or state realm.

The case dates back to November 2014, when, in the face of a legal injunction from the courts and the Popular Party central government in Madrid's fierce opposition, the Catalan authorities organized a non-binding vote on self-rule for the region. The poll yielded majority support for independence but was seen as having little value by outside observers. A binding vote had been suspended by Spain’s Constitutional Court after the government filed an appeal, saying the ballot was illegal because all Spaniards should be allowed to vote on an issue that affects the entire country.

Mas, the most visible figure in the lead-up to the vote in the region of 7.5 million people, argued that the Catalan regional government was no longer involved in the ballot after the Constitutional Court veto came into effect on November 4, with volunteers then taking over the task of organizing it. Prosecutors claim, however, that private companies tasked with the organization continued to operate after that time.

The Catalan Supreme court has opened the hearing stage of the trial against Mas

Mas “developed a complete and effective strategy of defiance after the suspension,” the prosecutor’s office said in a brief. Mas and his aides were “aware” that they were defying the veto, the brief added.

Mas and his aides moved “off center stage” and attempted to generate the impression that “the process had stopped,” the prosecutor’s offices said. But they claim this was not the case, citing the existence of documents showing how private contractors continued to carry out work include mass mailing campaigns, the maintenance of websites dedicated to the vote and IT tasks.

Prosecutors highlighted the fact that on November 7 and November 8, two companies, T-Systems and Fujitsu, delivered and set up 7,000 laptops that were to be used on the day of the referendum. This equipment was then delivered to public schools where voting stations were set up for the November 9 ballot.

Artur Mas left office in January 2016 after regional elections ended in stalemate and he failed to gain the support necessary for his investiture as premier.

English version by Simon Hunter and George Mills.