Òmnium Cultural
Òmnium Cultural

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Open court cases


Amnesty and `Self-Determination`

Amnesty and Self-Determination

  1. What is amnesty? 

Amnesty is an instrument of justice enacted by the legislative power in the form of a law to nullify convictions and ongoing proceedings in a political or social conflict, in this case, related to the exercise of fundamental rights in defense of Catalonia's self-determination and independence. The law specifies the periods, motivations, and causes that are amnestied.

  1. Why has Òmnium been advocating for amnesty for years? 
  • Because it's a political response 

Amnesty allows a politically rooted conflict, such as the one between Catalonia and the Spanish state currently being litigated in the courts, to return to the political arena. 

  • Because it's a collective response 

Amnesty provides a collective response to repression in the general crackdown on the independence movement. 

  • Because voting is not a crime 

Amnesty signifies the state's acknowledgment that voting and exercising fundamental rights are not criminal acts. 

  • Because it's a starting point 

Repression is not the origin of the conflict but its consequence, and therefore, amnesty can never be the endpoint. On the contrary, it serves as a starting point for a democratic resolution of the conflict.

  1. Why does the political solution require amnesty and self-determination? 

Without self-determination, there can be no democratic resolution of the political conflict. The political conflict will not end until it is democratically addressed through the exercise of self-determination, allowing Catalonia to vote on its political future, an option supported by a significant majority of Catalan society.

  1. Why could approximately 1,500 out of the 4,400 victims of repression defending the 1st of October referendum be eligible for amnesty? 
  • The amnesty law applies to all persecuted individuals with convictions or ongoing legal proceedings. 
  • Those whose cases have been dismissed or acquitted are not eligible for amnesty.
  • Excluded are victims of police violence on October 1st, individuals spied on by Pegasus, and victims of police infiltrations.
  1. What happens to all the persecuted individuals who do not qualify for amnesty? Òmnium demands their recognition, reparation, and guarantees against recurrence. Therefore:
  • Police officers involved in the October 1st events will be brought to trial.
  • We sue Marlaska for police infiltrations.
  • We report Catalangate espionage to Europe.
  1. What are the effects of amnesty?
  • Convictions are nullified.
  • Criminal and administrative cases are annulled.
  • It is acknowledged that the 1st of October referendum and actions in its defense are exercises of rights and not criminal offenses.

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