Photo: Mireia Boya, at the doors of the Supreme Court (Credit: ACN)
By Sara González & Oriol March
February 14th, 2018
The Supreme Court has allowed Mireia Boya to go free after she made preliminary statements for an hour and ten minutes, relating to accusations against her of the crime of rebellion. Judge Pablo Llarena did not ask for any precautionary measure against the leader of the CUP (Popular Unity Candidacy) despite her affirmations that the declaration of independence of October 27 “was not symbolic.” Neither did the Office of the Prosecutor ask for any kind of precautionary measure against her, arguing there was no flight risk, and that she no longer holds any public position.
Boya had already advanced that “she would go head to head” to defend the right to self-determination and “legitimacy and democratic legality” of the sovereignty process. The anti-capitalist leader responded to the questions by Judge Llarena and those of his lawyer, Carles López, but not those put to her by the Public Prosecutor’s Office or the populist, accusatory queries put forward by the ultra-rightwing VOX group. However, unlike what happened to the members of the Government of Carles Puigdemont who were called to make statements on November 2nd, neither party requested preventive jail or precautionary measures against her.
The leader of the CUP emerged from court smiling, but stated that she regretted that there continue to be people “kidnapped by the State”, making reference to Oriol Junqueras, Joaquim Forn, Jordi Sànchez and Jordi Cuixart. She repeated, in statements to the media, that the Catalan process has always been “calm and peaceful” and that this fact specifically “dismantles” the charges brought against those currently being held.
— NacióPolítica (@naciopolitica) 14 February 2018
“This is a political judgment and we respond to it as such”
Boya explained that she defended the electoral programme of the CUP in statements to Llarena and suggested that the next statements made the Supreme Court – those of Marta Rovira and Marta Pascal on Monday; those of Artur Mas and Neus Lloberas on Tuesday and that of Anna Gabriel on Wednesday – ought to “resemble” hers. “This is a political judgment and we must respond to it as such. Accept the popular mandate and see how we move forward,” she said.
With regard to the “Enfocat” document, which contains a sort of roadmap regarding sovereignty process and was included in the summary of the case regarding October 1st, being investigated by Court of Instruction Number 13, Boya stated that she never saw this file until she read it in the Guardia Civil case. “By the CUP’s way of thinking, we could never accept this document,” she said.
Boya’s lawyer reiterated that the leader of the CUP argued that the October 27th declaration “was not symbolic” and that it had “real effects” despite the Government’s failure to act. Carles López asserted that the CUP leader had “faced the facts” as had been planned and he celebrated that no precautionary measures had been taken against her.
“I never thought of bowing down”
After the jailed pro-independence leaders – Oriol Junqueras, Joaquim Forn, Jordi Sànchez and Jordi Cuixart – renounced the unilateral path and agreed to abide by the Constitution, they have still been denied their freedom, and the CUP leader asserted this proved that “there is no use giving up on your ideology to avoid prison”. This is why she had recently asserted that she had no intention of “bowing down” and that she would defend the October 1st referendum and the CUP electoral program.
Although the former deputy asked Llarena to withdraw the accusations against her, the judge considered that as the president of the CUP parliamentary group during the last parliamentary term, she was part of the “strategic committee” behind the referendum of October 1st and that, therefore, she would have played an important role in promoting the sovereignty process.
The strategy of the CUP also included highlighting the police violence which caused a thousand people to be injured on October 1st. That is why they have formally asked Judge Llarena to request a report on the police officers who traveled to Catalonia shouting “let’s go get ‘em” [on a now infamous video], citing the statement by the head of the Catalan health service, David Elvira, and the international observers supervising the day, to prove the exact number of wounded.