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Catalan independence leaders 'unlawfully imprisoned' Catalan independence leaders to appeal to UN over 'unlawful imprisonment'
(35 minutes later)
Lawyers for three men present submissions to UN working group on arbitrary detentionLawyers for three men present submissions to UN working group on arbitrary detention
Owen Bowcott Legal affairs correspondentOwen Bowcott Legal affairs correspondent
Thu 1 Feb 2018 14.33 GMT Thu 1 Feb 2018 14.56 GMT
Last modified on Thu 1 Feb 2018 14.35 GMT First published on Thu 1 Feb 2018 14.33 GMT
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Lawyers in London, Barcelona and Paris acting for three detained Catalan independence leaders have appealed to the United Nations claiming that the men are unlawfully imprisoned. Lawyers in London, Barcelona and Paris acting for three detained Catalan independence leaders have appealed to the United Nations, claiming the men are unlawfully imprisoned.
Submissions have been presented to the UN working group on arbitrary detention, asking it to intervene in the cases of Oriol Junqueras, the former vice-president, Jordi Cuixart and Jordi Sànchez. Submissions have been presented to the UN working group on arbitrary detention, asking it to intervene in the cases of the former vice-president Oriol Junqueras, Jordi Cuixart and Jordi Sànchez.
Any determination made by the body, which meets in Geneva, will not be binding on Spanish courts but will be a signal of international disapproval. Two years ago the working group declared that Julian Assange, who remains in Ecuador’s London embassy, was being “arbitrarily detained”. Any determination made by the body, which meets in Geneva, will not be binding on Spanish courts, but will be a signal of international disapproval.
Cuixart is president of a Catalan organisation called Omnium Cultural and Sànchez is a former president of the Catalan National Assembly. They were arrested in October following the independence referendum and Junqueras was detained early the following month. They have been in jail since then. Two years ago, the working group declared that Julian Assange, who remains in Ecuador’s London embassy, was being “arbitrarily detained”.
Ben Emmerson QC, who represents them, told a press conference in London: “Spain [has] brought unsustainable charges of sedition and rebellion against Catalonia’s leaders ... Their detention by Spain is an affront to human rights, designed to prevent them from performing their role as political representatives of the Catalan people. Cuixart is president of a Catalan organisation called Òmnium Cultural and Sànchez is a former president of the Catalan national assembly. They were arrested in October after the independence referendum and Junqueras was detained early the following month. They have been in prison since then.
“This case does not ask the UN to adjudicate on the issue of Catalan independence but seeks the UN’s reaffirmation that governments cannot repress political dissent through arbitrary detention.” Ben Emmerson QC, who represents the men, told a press conference in London: “Spain [has] brought unsustainable charges of sedition and rebellion against Catalonia’s leaders ... Their detention by Spain is an affront to human rights, designed to prevent them from performing their role as political representatives of the Catalan people.
Their imprisonment “falls foul of international law,” he added. The men were being denied freedom of expression, freedom of association and the freedom to participate in public life, he said. “Imagine if the UK imprisoned the leaders of the SNP for advocating independence for Scotland. These detentions are arbitrary and belong to a bygone era of Spanish history. “This case does not ask the UN to adjudicate on the issue of Catalan independence, but seeks the UN’s reaffirmation that governments cannot repress political dissent through arbitrary detention.”
“If you go around imprisoning those who advocate political change,” Emmerson said, “then you are undermining the foundations of of democracy.” Their imprisonment “falls foul of international law”, he said, and the trio were being denied freedom of expression, freedom of association and freedom to participate in public life.
“Imagine if the UK imprisoned the leaders of the SNP for advocating independence for Scotland. These detentions are arbitrary and belong to a bygone era of Spanish history,” Emmerson said.
“If you go around imprisoning those who advocate political change, then you are undermining the foundations of of democracy.”
The 26-page document sent to the UN working body is the “first salvo in a systematic and wide-ranging, legal campaign” aimed at releasing the imprisoned men, he said.The 26-page document sent to the UN working body is the “first salvo in a systematic and wide-ranging, legal campaign” aimed at releasing the imprisoned men, he said.
Rachel Lindon, a barrister accredited to the Paris and Madrid bars, said: “Spain has detained our clients to prevent their peaceful political activity. Mr Sànchez and Mr Junqueras were both re-elected to the Catalan parliament on 21 December 2017 and have been prevented from taking up their seats.Rachel Lindon, a barrister accredited to the Paris and Madrid bars, said: “Spain has detained our clients to prevent their peaceful political activity. Mr Sànchez and Mr Junqueras were both re-elected to the Catalan parliament on 21 December 2017 and have been prevented from taking up their seats.
“The Spanish authorities are acting like a dictatorship, imprisoning their political opponents and refusing to release them until they renounce their political beliefs and abandon their roles. This is an unacceptable breach of our clients’ fundamental rights.”“The Spanish authorities are acting like a dictatorship, imprisoning their political opponents and refusing to release them until they renounce their political beliefs and abandon their roles. This is an unacceptable breach of our clients’ fundamental rights.”
A case on behalf of the men cannot be taken directly to the European court of human rights in Strasbourg until all legal remedies within Spain have been exhausted. The lawyers are not acting for Carles Puigdemont, who fled Spain for Belgium before he could be arrested.A case on behalf of the men cannot be taken directly to the European court of human rights in Strasbourg until all legal remedies within Spain have been exhausted. The lawyers are not acting for Carles Puigdemont, who fled Spain for Belgium before he could be arrested.
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