Pardons for pro-independence leaders (2021)
On 22 June 2021, the coalition government of the Spanish Socialist Workers’ Party (PSOE) and Unidas Podemos, led by Prime Minister Pedro Sánchez and supported in parliament by fifteen deputies of Esquerra Republicana de Catalunya (ERC), granted pardons to those convicted in the trial of the procés , including ERC president Oriol Junqueras, who had been imprisoned for more than three years. [20] Following the announcement, the president of the Generalitat, Pere Aragonès (ERC), delivered an institutional statement reiterating demands for amnesty and a self-determination referendum, stating that it was "time to put an end to repression" and that the pardons "help to generate credibility on the path to negotiation", which he characterized as an implicit recognition that the convictions were unjust. [21] Junts parliamentary spokesperson Mònica Sales expressed skepticism about dialogue with the central government and rejected the view that the pardons strengthened prospects for negotiation. [21]
On 13 June 2021, demonstrations were held in Madrid's Plaza de Colón against the anticipated pardons. Leaders of Vox (Santiago Abascal), the People's Party (Pablo Casado), and Ciudadanos (Albert Rivera) attended separately to avoid repeating the previous year's "Colón photo". [22] Rosa Díez, head of Unión 78, the organizing platform, stated that the government of Pedro Sánchez constituted "an exclusionary, sectarian, and dangerous power" and would violate the Constitution if it granted pardons to "criminals". Writer Andrés Trapiello read a manifesto describing the government as "inept, parasitic, and authoritarian" and the potential pardons as a "serious attack" on democracy. [23]
On 23 June 2021, the nine convicted leaders of the procés were released from prison, carrying a banner reading "Freedom for Catalonia" and an Estelada flag. Some described the pardons as insufficient and called for an amnesty. The pardons did not lift the disqualification penalties, which continued to bar them from public office for the duration of the original terms. [24] At the time, the prime minister and officials of the Spanish Socialist Workers’ Party stated that neither an amnesty nor a self-determination referendum was compatible with the Constitution.
Abolition of the crime of sedition (2022)
On 11 November 2022, the parliamentary groups of the PSOE and Unidas Podemos introduced a bill to repeal the offence of sedition (maximum penalty of 15 years) and replace it with aggravated public disorder (maximum of five years), and to reduce penalties for embezzlement when committed without personal gain to a maximum of four years (previously twelve).\[20]\[21] These offences formed the basis of convictions for leaders who remained in Spain and charges against those who left the country. [25] [26] Prime Minister Pedro Sánchez described the proposals as "risky" but necessary to address the territorial conflict in Catalonia. [27] Processed under the urgent procedure, the bill was debated and approved by the Congress of Deputies on 15 December 2022; during the session the People's Party filed a recurso de amparo with the Constitutional Court seeking suspension of the sitting, a decision the court deferred until 19 December. [28] [29]
On 22 December 2022, the Senate ratified the reform approved by the Congress of Deputies. During the debate, Socialist spokesperson José María Oleaga stated that the amendments sought to align Spanish criminal law with other European jurisdictions and to promote coexistence and reconciliation in Catalonia. People's Party spokesperson Javier Maroto criticized the reform, urged PSOE senators to break party discipline, and accused Prime Minister Pedro Sánchez of reneging on campaign commitments while affirming Sánchez's democratic legitimacy. The debate also highlighted divisions within the pro-independence camp: Esquerra Republicana de Catalunya supported the reform—Mireia Cortès argued it reduced the state's punitive capacity—while Junts opposed it, contending that support would imply acknowledging the illegality of the 2017 secessionist challenge. [27]
General elections in July 2023
On 23 July 2023, general elections were held in Spain. The People’s Party (PP) won a plurality with 136 seats, later increased to 137 after the overseas vote in Madrid, but the PP and Vox did not secure an absolute majority. [30] PP leader Alberto Núñez Feijóo declared victory, asserted a “right to form a government,” and asked the PSOE not to block it. [30] Vox leader Santiago Abascal acknowledged the right-of-centre bloc’s failure to reach a majority and stated that Pedro Sánchez could be invested with the support of “communism, coup-plotting separatists, and terrorism.” [31] PSOE leader Pedro Sánchez told supporters that “the bloc of regression has failed” and said Spain would “move forward.” [32] The following day he stated that he was confident “this democracy will find the formula for governability.” [33]
On election night, Junts stated that it would not support Pedro Sánchez’s investiture “in exchange for nothing” and demanded an amnesty and a self-determination referendum. [34] The following day, party secretary-general Jordi Turull said Junts’ votes would be used to address the political conflict between the state and Catalonia. [35] On 24 July 2023, PSC leader Salvador Illa said on RAC 1 that, from the standpoint of the rule of law, an amnesty was not feasible. [36] On 25 July, acting government spokesperson Isabel Rodríguez expressed a similar position, stating that only the constitutional framework was acceptable in Catalonia and in Spain as a whole. On the final day of the election campaign, Sánchez answered “No” when asked in a television interview whether he would grant a referendum or an amnesty in exchange for support in an investiture vote, adding that the independence movement had not received an amnesty and that the conditional pardons maintained disqualification penalties for some leaders of the procés. [37] [38]
On 4 September, Sumar leader and acting deputy prime minister Yolanda Díaz met Carles Puigdemont in Brussels, where he has resided since October 2017 after leaving Spain to avoid arrest and trial. The meeting, widely reported by the media, was the first public encounter between a member of the Spanish government and the former president of the Generalitat and Junts leader. The socialist wing of the government stated that Díaz attended in her capacity as Sumar leader, while the People’s Party and Vox criticized the meeting.
On 5 September 2023, Carles Puigdemont stated in Brussels that Junts’ support for the investiture of Pedro Sánchez—or of Alberto Núñez Feijóo, then tasked by the king to attempt to form a government—was contingent on prior passage of an amnesty law, recognition of a “political conflict,” and a commitment to explore a self-determination referendum. He added, “If there is an agreement, it must be a historic agreement, a historic commitment that no Spanish regime or government has been able to achieve since the fall of Barcelona on 11 September 1714.” [39]
Following Alberto Núñez Feijóo’s unsuccessful investiture (172 votes in favour, 177 against), King Felipe VI nominated Pedro Sánchez to attempt to form a government on 3 October 2023. On 6 October Sánchez publicly referred to “amnesty” in the context of negotiations with Catalan pro-independence parties for investiture support. [40] After signing a pact with Sumar on 24 October to re-establish the coalition government, [41] Sánchez formalized his position at the PSOE Federal Committee meeting on 28 October, arguing that an amnesty was necessary “in the interests of Spain and in defense of coexistence among Spaniards,” a stance endorsed by the committee. PSC leader Salvador Illa expressed support, describing amnesty as “an exceptional measure to restore full political normality in Catalonia and Spain.”
On 2 November 2023, Félix Bolaños (PSOE) and Oriol Junqueras (Esquerra Republicana de Catalunya) signed an investiture agreement that included an amnesty law, the transfer of Rodalies commuter rail services, and the write-off of €15 billion of Generalitat debt to the state. [42] On 9 November, the PSOE–Junts agreement was published, also providing for an amnesty for those prosecuted in proceedings related to the procés. [43] On 10 November, the PSOE and the Basque Nationalist Party (PNV) signed an investiture pact—signed by Pedro Sánchez for the PSOE and Andoni Ortuzar for the PNV—and, the same day, the PSOE reached an agreement with Coalición Canaria, which did not support the amnesty. [44] [45] With these accords, Sánchez secured 179 votes for the investiture scheduled for 15–16 November 2023. [46]
