Saturday, November 29, 2003

Referendum Means Prison

Today at Berria:

Madrid aims to make calling a referendum punishable by prison

The modification of the Criminal Code is expected to establish prison sentences of between three and five years “for those people in authority or civil servants who organise or allow the consulting of the people through a referendum”

Editorial Staff – DONOSTIA (San Sebastian)

The Spanish Government announced yesterday that it would be promoting a modification of the Criminal code to make people in authority who consult the people through a referendum without having the power to do so liable to prison sentences. The people in authority or civil servants who organise such popular votes could face prison terms of between three and five years. Likewise, other people in authority who promote and support the consulting of the people could also be liable to terms “of between one and three years”, and this could also affect citizens, the inspectors for example, who participate in the carrying out and supporting of this “illegal” process.

The Spanish Government’s aim is to invalidate and hinder the tool of consulting the people. And they are in a hurry, as well. Jose Maria Michavila, the Justice Minister, said yesterday that the change could have approval by December 18 or 23. They are going to add two articles to the Criminal Code: Article 506a affecting people in authority and civil servants will be included in the section dealing with the Usurping of Powers; and Article 521a, which establishes the punishing of citizens under the section entitled Crimes Committed when Fulfilling Basic Public Rights and Liberties. One of the passages of the text the Spanish Government wants to add runs: “The people in authority and civil servants who organise or allow elections of a general, autonomous community, or local nature, or plebiscites by means of referendums, when it is clear that they do not have the powers to do so, are liable to prison terms of between three and five years and will remain totally disqualified from office for an additional three to five years after the prison term, in other words for between six and ten years.”

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