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POLITICS

Why Spain’s right is vehemently opposed to changes to sedition law

Spain's right-wing opposition is infuriated over government plans to abolish sedition, the charge used against Catalan separatist leaders, decrying the move as a gift to pro-independence parties in exchange for parliamentary support.

Why Spain's right is vehemently opposed to changes to sedition law
Catalonia's failed independence bid sparked Spain's worst political crisis in decades, with then-Catalan leader Carles Puigdemont and several others fleeing abroad to escape prosecution. (Photo by LLUIS GENE / AFP)

Parliament on Thursday approved a bill to reform the criminal code to drop what Spain’s left-wing coalition government sees as an antiquated offence, replacing it with one better aligned with modern European norms.

And the change should be in place before the year’s end, Spanish media reports say.

In response, the far-right Vox party has called a protest in Madrid on Sunday, while the right-wing opposition Popular Party (PP) has convened rallies across the country to express its opposition.

Right-wing parties say eliminating sedition — the charge used to convict and jail nine Catalan separatists over their involvement with a failed 2017 independence bid — will pave the way for another attempt to separate from Spain.

Initially condemned to between nine and 13 years behind bars, the separatists were pardoned last year by the leftist government, drawing fury from the Spanish right.

“Great for those in Catalonia who want to stage another coup!” PP lawmaker Edurne Uriarte told a parliamentary debate over the planned law changes.

Like European democracies

The failed independence bid sparked Spain’s worst political crisis in decades, with then-Catalan leader Carles Puigdemont and several others fleeing abroad to escape prosecution.

Spain says its efforts to have them extradited have failed because many European countries simply don’t recognise sedition as a crime, with the bill seeking to reframe the offence as an “aggravated public disorder”.

The bill aims “to reform the crime of sedition and replace it with an offence comparable to what they have in other European democracies,” Sánchez said earlier this month.

“The crimes committed in 2017 will continue to be present in our penal code, although no longer as crimes of sedition… but as a new type of crime called an aggravated public disorder,” he said.

But even Puigdemont has expressed misgivings about the legal change, saying those separatists celebrating the move “have learned nothing from the last five years”.

The new offence would carry a maximum penalty of five years behind bars, compared with 15 years for the crime of sedition.

Opposition leader Alberto Núñez Feijóo asked Sánchez to “clarify whether he is actually reforming the crime of sedition to protect Spanish democracy or whether he is just trying to politically survive” — implying the bill was payback for pro-independence party support in parliament.

“The PP’s stance is clear: we will increase the penalties for sedition and rebellion, we will make them criminal offences and will make the holding of an illegal referendum a crime,” he said of his party’s position, with a general election on the horizon.

Some reluctance on the left

The PP managed to ensure Thursday’s vote was vocal, a rare procedure in Spain in which lawmakers verbally declare their support or opposition for a bill, in a move forcing the more reluctant Socialists to lay their cards clearly on the table.

Spain’s criminal code currently defines sedition as “publicly rising up and using mass disorder to prevent the implementation of laws, by force or through means outside the law”.

More succinctly, the Royal Academy of Spanish Language defines it as a “collective and violent uprising against authority, against public order or military discipline without reaching the gravity of rebellion”.

The crime has survived various reforms of the legal code, the last of which was in 1995, but its critics say it dates back to the 19th century.

“We are revising a crime that was enacted in 1822 in Spain, dating back 200 years to when there were still military uprisings,” Sanchez said earlier this month, pointing to Germany, where sedition was abolished in 1970.

But reclassifying it as an aggravated public disorder hasn’t satisfied some on the left who fear it could be used against demonstrators.

“It concerns us… (that the new offence) could have some limiting effect on the right to peaceful protest,” argued Pablo Echenique, spokesman for the hard-left Podemos, the Socialists’ junior coalition partner which was behind the moves to abolish sedition.

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POLITICS

Gibraltar accuses Spain of ‘gross sovereignty breach’ over customs incident

Gibraltar on Friday accused Spain of a "gross violation of British sovereignty" after an incident on one of its beaches involving Spanish customs agents who were attacked by smugglers, during which shots were fired.

Gibraltar accuses Spain of 'gross sovereignty breach' over customs incident

“The evidence surrounding this incident discloses a gross violation of British sovereignty and, potentially, the most serious and dangerous incident for many years,” said Gibraltar’s Chief Minister Fabian Picardo in a statement.

The incident happened early on Thursday when a small Spanish customs vessel lost power while pursuing suspected tobacco smugglers off Gibraltar, a source from Spain’s tax agency which is in charge of customs told AFP.

After choppy seas pushed their vessel to the shore, the two officers on board were surrounded by a group of people and pelted with rocks, some of them weighing over three kilos (6.5 pounds), the source added.

The officers fired “shots into the water to try to drive away” the people throwing rocks, a tax office source told AFP, speaking on condition he was not identified.

One customs officer suffered a broken nose, the other fractured bones in his face, he added.

Videos circulating on social media appear to show several shots being fired during the incident, although it was not clear who fired them.

‘Reckless and dangerous’

“Should it be confirmed that Spanish officials discharged their weapons in Gibraltar, such action would be a very serious breach of the law,” the Gibraltar government statement said.

It called the incident “reckless and dangerous, especially in an area of dense civilian population, given the proximity of a residential estate in the area”.

The governments of Gibraltar and the United Kingdom consider that the events “will require careful consideration as to the nature and level of diplomatic response,” it added.

Gibraltar police and army officers used metal detectors on Friday to search for bullet casings on the beach, images broadcast on Gibraltar TV showed.

Picardo said Spanish law agencies know they can ask Gibraltar law enforcement to continue a chase into Gibraltar but “it would appear that they did not do so in this case.”

Spain’s foreign ministry “categorically rejected” the terms of the Gibraltar government statement as well as the “claims of alleged British sovereignty over the territory and waters of Gibraltar” which it contained.

Spain’s Budget Minister Maria Jesus Montero said the customs agency would “investigate what happened and will demand the necessary explanations”.

Post-Brexit talks

The incident comes as Madrid and London are locked in talks over Gibraltar’s post-Brexit relationship with the European Union.

The European Commission and Spain sent Britain, in late 2022 a proposal that would keep freedom of movement along the border of the tiny British enclave at Spain’s southern tip.

About 15,000 people, the majority of them Spaniards, commute daily from Spain to jobs in Gibraltar, which has a population of about 34,000.

Gibraltar has long been a source of British-Spanish tensions. Although Spain ceded Gibraltar to Britain in 1713, Madrid has long wanted it back, a thorny dispute that has for decades involved pressure on the
frontier.

Tensions peaked in 1969 when the regime of dictator Francisco Franco closed the border, which did not fully reopen until 1985.

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