Mut o a la gàbia: how denial of referendum entails deprivation of freedom of expression
Mut o a la gàbia: how denial of referendum entails deprivation of freedom of expression
Date
2019
Authors
Montesinos Reina, Natalia
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Abstract
‘Mut i a la gàbia’ is a Catalan expression, commonly used in the informal context,
which is aimed at forcefully imposing silence. The two nouns comprised in it, together
with the copulative nexus that unites them provide its meaning. ‘Mut’ means mute and
‘gàbia’ stands for a cage. Therefore, if literally interpreting the idiom, the message
would be not to talk but also to be placed aside. However, when turning the ‘i’ into an
‘o’, the sense of the expression shifts. The locution no longer compels the receiver to
remain silent. Instead, it proposes the receptor a disjunctive decision: either to remain
quiet or to face imprisonment.
The election of the title is by no means a matter of coincidence. Nowadays, Spain seems
to consistently present this dichotomous choice to any citizen that dares to go beyond
the mere acceptance and conformism, regarding the current state of affairs. In light of
this situation, the recoil that freedom of expression is suffering within the country
mentioned above is the primary goal of the ongoing investigation.
This regression shows every sign of being common to all the acts and behaviours
covered by the right. In this regard, the cases of either Pablo Hásel or Valtonyc should
be highlighted. They both are singers that have faced the charges of glorification of
terrorism, because of the content of their lyrics . The latter being also condemned for
insults and slander to the crown and non-conditional threats . In the same line,
Guillermo Martínez-Vela - the director of ‘El Jueves’ - was prosecuted on account of
the crimes of obloquy, due to some of the contents published in his satire magazine. Likewise, Tamara and Adrià Carrasco - pro-independence activists - were accused of
committing terrorism and rebellion, because of protest acts they performed as members
of ‘Comités de Defensa de la República’, an organization that is aimed at the
proclamation of the Catalan Republic . Finally and constituting the most current and
transcendent of the cases, there is the ‘Causa Especial 20907/2017’. In it, the
prosecution targets the leaders and promoters of the Catalan independence movement
on the grounds of rebellion, sedition and disobedience as a result of the noncompliance
concerning both the central government guidelines and the decisions of the courts of
justice.
Due to the extensive variety of cases, it is incredibly complex to examine them as a
homogeneous group. Therefore, the target of this investigation will be the last
proceeding mentioned. The restrictions of the political secessionist discourses and
actions are becoming more frequent in Catalonia, mainly when they embody claims on
the right to self-determination. That is why this investigation will try to determine
whether the Spanish crimes of rebellion, sedition and disobedience collide with the right
to freedom of expression, either by its literal content or by the judges’ interpretation.
To be able to resolve such an inquiry, the successive study consists of three chapters.
The first section will deal with a brief historical background on the Catalan history,
since different past events caused the birth and growth of the Catalan nation which, in
turn, constituted the reasons to claim Catalonia's independence. After that, will follow
an analysis of the legislation that regulates and defines the scope and limits of the
universal right in the territory. Lastly, the trial on the holding of the 1st October
referendum will be examined, according to the provisions studied in the previous
section. All in all, this research has the goal of determining if the prosecution of the Causa
Especial constitutes a breach of either International, European or National Law with
regards to freedom of expression or if, on the contrary, it respects all its provisions. That
is why the subsequent investigation can be double-labelled. On the one hand, it could be
qualified as expository because it will first explain all the legal provisions relating to the
topic at stake. On the other hand, it is endowed with a qualitative nature, provided that it
is not a comparison of multiple actions but a single, in-depth examination.
About its sources, both first and secondary ones will be used. The firsts ones will be the
International, the European and the National legislation. The second ones, the
jurisprudence that has arisen from these texts, as the latter do pose questions regarding
the extension of some of its provisions and only later opinions of the judges, address
these. Likewise, articles and essays of academia will be consulted.
Lastly, as for the scope, it must necessarily be narrowed down to the micro-sociological
field that is the Catalan territory, due to its unique nature and the absence, in the Catalan
or Spanish territory, of any conflict alike which could be correlated to and which
happens to occur in a synchronous time frame.
Keywords: 1-O, Catalonia, Causa Especial, Disobedience, Freedom of Expression,
Independence, Politics, Rebellion, Referendum, Repression, Sedition,
Self-determination, Spain.
Description
Second semester University: KU Leuven
Keywords
freedom of expression,
Spain,
self-determination,
referendum,
Catalonia,
protest,
independence movements