Results of the observation
The work carried out by the observers together with the rapporteurs of the platform consisted of attending the trial sessions in the Supreme Court and preparing daily summaries of the sessions. Moreover, they published weekly assessments with the elements the observers considered to be notable from a fundamental rights perspective.
In this section you can find daily summaries of the sessions, weekly notes and all the reports prepared by International Trial Watch.
Results of the observation
Some of the observers who participated in the observation of the trial prepared reports that were collected in a document that can be read here:
Thanks to the work of the observers and the platform as a whole, the following reports have also been carried out:
When the trial of the special case 20907/2017 of the Supreme Court ended, International Trial Watch prepared a report based on the observation task carried out during its celebration. The report was presented publicly at an event at the CCCB in Barcelona on 9 July 2019, and 16 national and international organisations joined it.
The topic of the report was the trial, although elements derived from the investigation phase and the prospective investigations that began in 2015 were taken into account. The considerations resulting from the observation were grouped into two blocks: those referring to the substantive aspects of the case and those related to procedural aspects.
In July 2019, the Shadow Report was also presented to the United Nations High Commissioner for Human Rights for consideration in the framework of the Universal Periodic Review of Spain.
The Universal Periodic Review (UPR) is a unique procedure that includes a review of the human rights records of all Member States of the United Nations. The UPR is a procedure led by States under the auspices of the Human Rights Council, which offers each State the opportunity to declare what measures it has adopted to improve the human rights situation in the country and to fulfil its obligations in the subject.
The human rights situation of each Member State is reviewed within the framework of the UPR every five years and prior to the UPR session, a period is opened for civil society from the State in question to present their communications.
The result of each review is reflected in a “final report” that includes a list of the recommendations that the State under review will have to implement before the next review.
On 22 January 2020 Spain was submitted to the UPR. Previously, the communication presented by International Trial Watch in the form of a Shadow Report was included in the joint communication JS18 of the summary published by the United Nations High Commissioner for Human Rights on civil society communications.
Assessment of the judgement
After analysing in detail judgement 459/2019 of the Supreme Court of 14 October 2019, International Trial Watch made public in an event in Madrid its factual-legal assessment of the judgement.
The assessment concludes that the proceedings and the judgement violate the following principles and rights: principle of legality in criminal law, right to liberty, freedom of expression, freedom of ideology, right to peaceful assembly and the free exercise of representative public office, as well as the right to due process and with all guarantee.