Mas might ignore a hypothetical impeachment: "It depends on the legal situation the nation is in"

The five key points of the acting president's speech after his statement before the High Court for 9-N

J.RUSIÑOL / O.MARCH Barcelona
3 min

1. It is a political affair, not a public order issue. The battle to frame the narrative is one of the key aspects at this point in the independence process, which faces strong pressure from Spain. For this reason, President Mas wanted to make it clear that his appearance at the Tribunal Superior de Justícia (the High Court of Catalonia) is a desire to turn a political issue, a democratic issue, into a judicial one. He has emphasised that, from a legal standpoint, the case has "no substance". In the following weeks –with the pre-election campaign underway in Spain– the battle will be fought out between those who will claim to stand as sole defenders of the law, trying to present the criminal charges against Mas as a public order issue, and independence supporters – broadened to include those who support Catalonia’s right to decide but do not favour full independence–, who will insist that the root cause of the matter is an altogether different one: "the spite" after seeing the success of the non-binding vote of November 9 and its "impact abroad". This is why Mas has stated that, if anything, he should have to explain his actions to Parliament, not to a judge, because it is a matter of liberty rather than alleged offences, and he refuses to equate a "democrat" with a "delinquent".

"The success of democracy should never end up in court", he stated.

2. A true democracy. If the battle to tell the story is important, then so is the fight to put it into the right words. Which is why the President of the Generalitat has denied that the rallies in support, --which took place in front of the High Court building-- were a form of "pressure", which is how the High Court referred to them them in a public statement. Mas admits that he does not understand it. Unhappy with the public prosecutor's "disproportionate" response to 9-N, he declared that he fully respects the judicial process and stated that all "public powers" –executive, legislative and judicial– are under the scrutiny and control of the people. This is the way to do it "if we want a true democracy", he said, highlighting regeneration as a goal that independence supporters also aim for: not just building a new country, but a better one.

3. Leaving the door open. Albeit not as emphatically as other Convergència leaders (such as Josep Rull), Mas has also left the door open to not complying with the High Court's ruling if it meant his impeachment from office. "It depends", was his answer to journalists' questions. The key, he hinted, is what stage the independence process might be at: what if, by the time the ruling is issued, Catalonia is so far down the independence path that our body of law is a different one? What if Mas, at that time, were no longer just the president of an autonomous community, once the split has begun? In any case, he has made it clear that, whatever the court's decision, it will not halt the popular independence movement that gave the victory to his coalition on 27-S.


4. Preserving the unity for the right to decide. The charges brought against Mas, Catalan minister Irene Rigau and former vice president Joana Ortega have succeeded in reuniting the parties who support the right to decide. On Tuesday Ada Colau, the mayor of Barcelona, was tasked with reading the manifesto of the National Pact for the Right to Decide. Today (Thursday) she has been photographed next to the President while paying homage to Catalan president Lluís Companys (1), shortly before Mas' court appointment. "Every time we've been pushed to the edge, eventually we have reached an agreement", confirmed the Catalan leader, who hoped that unity would "be preserved" now. Still, he was quick not to link this with the ongoing negotiations with the CUP for the investiture.

5. A message to Europe. Mas realizes that the news of this 15th of October will be reported the world round and was keen to take questions put forth by correspondents of foreign media stations. One in French, the other in English. The first, on his relationship with France, whom he hopes will support a sound “democratic” movement like the present one in Catalonia. The second, on the implications that the criminal proceedings he is facing will have on him. The story has to be told –maybe most importantly– outside of Spain, at a time when many are looking to the European capitals to see if they play their cards and force a negotiated outcome –an agreed referendum– to meet a demand that is essentially political and democratic.

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(1) N.T. Thursday October 15th was the 75th anniversary of Catalan president Lluís Companys’ execution by Franco’s troops in Barcelona.

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