Trial of former Catalan leaders: what you need to know

This combination of file pictures created on October 26, 2018 show jailed Catalan separatist leaders Raul Romeva, Joaquim Forn, Jordi Turull, Oriol Junqueras, Josep Rull, Jordi Cuixart, Carme Forcadell, Dolors Bassa and Jordi Sanchez. PHOTOS | AFP

What you need to know:

  • The 12 include former Catalan government officials, civil leaders of pro-independence groups and the former president of Catalonia's regional parliament.
  • Public prosecutors accuse nine of the 12 defendants -- including Junqueras and Forcadell -- of rebellion, which carries a jail term of 15-25 years.
  • Public prosecutors are made up of magistrates who are appointed by the government but are supposed to act independently.

MADRID,

Twelve former Catalan leaders will go on trial on Tuesday at Spain's Supreme Court in Madrid for their role in Catalonia's failed bid in 2017 to break away from Spain.

Here are some key facts about the trial.

The 12 include former Catalan government officials, civil leaders of pro-independence groups and the former president of Catalonia's regional parliament.

Nine have been held in pre-trial detention for months, including former Catalan vice president and regional economy minister Oriol Junqueras.

Public prosecutors have asked for a jail term of 25 years for Mr Junqueras. He remains in charge of Catalonia's pro-independence party ERC despite being in jail since November 2017.

REBELLION

The former speaker of the Catalan regional parliament, who read out the declaration of independence in the assembly, 63-year-old Carme Forcadell, faces a possible jail term of 17 years.

The region's former president Carles Puigdemont -- who fled to Belgium shortly after the declaration of independence -- is not among the group because Spain does not allow trials in absentia for major offences.

But former ministers in his regional government are in the dock.

Public prosecutors accuse nine of the 12 defendants -- including Mr Junqueras and Ms Forcadell -- of rebellion, which carries a jail term of 15-25 years.

VIOLENCE

Under Spain's criminal code, rebellion is defined as "rising up violently and publicly", especially to "declare the independence of a part of the national territory".

This charge is disputed by separatists and many Spanish legal experts. The trial will focus on the alleged use of violence, which the defendants deny.

But public prosecutors point to "violent incidents" during pro-independence protests orchestrated by two grassroots groups in Barcelona on September 20, 2017.

Prosecutors also accuse the separatists of fostering "acts of violence and aggression against police officers" on the day of the referendum.

REFERENDUM

The October 1, 2017 independence referendum was marred by a violent police crackdown on polling stations.

Six of the defendants accused of rebellion are also accused of misusing public funds to stage the independence bid.

Three other former Catalan government ministers face jail terms of up to seven years for disobedience and misuse of public funds.

Spain's legal system allows for three different bodies to file criminal complaints against defendants: public prosecutors, state attorneys and a third party, in this case far-right party Vox.

INDEPENDENCE

Public prosecutors are made up of magistrates who are appointed by the government but are supposed to act independently.

The state attorneys, lawyers who represent the state, have taken a more lenient line than the public prosecutors.

The government lawyers are pushing the less serious charge of sedition and are seeking jail terms of up to 12 years.

In Spain third parties can also file criminal complaints and take part in the legal proceedings even if they are not directly involved in the case.

Vox, which is rising in the polls thanks to its hard line against Catalan separatism, is demanding a combined jail sentence of over 700 years for the 12 defendants.

The party will be represented at the court by its secretary-general Javier Ortega Smith.