20230322
22 March 2023

Clara Ponsatí brings the Catalan Government to the High Court of Justice of Catalonia for the denial of access to Mossos d’Esquadra reports made to repress independentists

Breaches:



The MEP requested to the Department of the Interior of the Catalan Government, in February 2022, copies of the reports made by the Mossos d’Esquadra after the demonstrations in Catalonia between 2018 and 2020. The Department of the Interior dismissed the request. Concomitantly, she submitted a claim with the GAIP. The GAIP accepted the request as regards the right to obtain the quantity of criminal proceedings, but not the copy of the police reports, since they were not considered as public information. There were 455 reports. In addition, on 1 March 2022, Ponsatí requested the Department of the Interior the criminal proceedings commenced following the facts that took place in demonstrations between 2018 and 2021. The Department of the Interior communicated 30 cases. Ponsatí appeals the GAIP decision before the High Court of Justice of Catalonia. The appeal lodged with the High Court of Justice of Catalonia underscores, inter alia, the anomalous composition of the body that issued the decision, the lack of reasoning of the resolution, the fact that the police reports are public information and, in addition, that Ponsatí enjoys a reinforced right to access public information, due to her status as MEP. The MEP, moreover, points out in the appeal the need to scrutinise public powers in a state subject to the rule of law.

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