Report
Human rights regression: Elected officials’ freedom of expression and the separation of powers in the kingdom of Spain
The Catalan Ombudsman recommends the Spanish State to fully comply with the several international statements –GRECO, Venice Commission, and the United Nations–that called for reforms to guarantee the separation of powers.
The institution sustains that criminal measures should be limited as much as possible to scenarios of violence, turmoil and in general, any true risk to the integrity of the State.
The Catalan Ombudsman determines that
Judgment 42/2014of the Spanish Constitutional Court was the starting point for attributing legal effects to a parliamentary resolution of a merely political character. By changing this criterion, Judgment 42/2014 has allowed the prosecution of the members of the Presiding Committee of the Catalan Parliament.
The institution alerts that an excessive intervention of criminal law in social and political sphere brings about a reduction of individual freedom and the free exercise of the right to freedom of expression.
The Catalan Ombudsman recalls that the
Special Rapporteur of the UN, Pablo de Greiff, on the promotion of truth, justice, reparation and guarantees of non-recurrence, states that Spain has not faced up to its past, or done sufficient justice.