The judge of the National Court Manuel García-Castellón has summoned the general secretary of ERC, Marta Rovira, and the chief of staff of former president Carles Puigdemont, Josep Lluís Alay, to declare as investigated on May 22, within the framework of the case in which he investigates the disturbances attributed to the Tsunami Democràtic platform.
In an order, the head of the central court of inquiry number 6 also called the judicial office this same day as the employer Oriol Soler was investigated; to the former secretary of ERC organization, Xavier Vendrell; to the republican activist Marta Molina; to journalist Jesús Rodríguez Sellés; to the considered treasurer of Tsunami, Jaume Cabani; and to the director of Omnium Cultural Oleguer Serra.
Regarding the banker Nicola Flavio Giulio Foglia, the magistrate agrees to the issuance of a European arrest warrant to Italy so that he can be located and a statement taken by videoconference, noting, without prejudice to what results from judicial cooperation , as the declaration date is May 22. Prior to the issuance of that order, the judge points out, the investigation of the address and whereabouts of the investigated person is reiterated to the investigating police group.
The magistrate also agrees to carry out a series of proceedings aimed at clarifying one of the facts under investigation, consisting of the actions undertaken by Tsunami Democràtic on November 9, 2019, a day of reflection in the general elections called for the following day. Specifically, he directs the Civil Guard to collect a series of information.
In his writing, the judge reviews the events recorded during that day and points out that this entire sequence demonstrates the knowledge that the Government of the Generalitat had of the events called by Tsunami Democràtic for the day of reflection on November 9. Likewise, it indicates that it is confirmed that the president of the Generalitat, at that time Quim Torra, as the head of the “governing authority”, was aware of the complaint presented to the Central Electoral Board, and that the Generalitat was competent to prevent the holding of these acts.
“It can also be verified that the Provincial Electoral Board of Tarragona expressly urged the Generalitat, through the competent general directorate of the Department of the Interior, to prevent these actions from taking place,” states the magistrate.
Finally, the investigating judge adds, it can be seen that the proceedings took place that day without any evidence that any action was taken to prevent them from taking place by the competent government authority. “Given these facts, and the possibility of finding ourselves facing a criminal infraction due to omission of the duty to prosecute an electoral crime by the political leaders of the Generalitat at that time, it is agreed to carry out the following procedures, without prejudice to assessing, once received, the jurisdiction of this judicial body to hear these facts,” concludes García-Castellón.
