Case 19

Adrià Carrasco Tarrés

Accused of terrorism after participating in protests where toll station barriers were lifted.

Adrià, in view of the general context, the seriousness of the accusations and the many chances of going prison if arrested chose to exile himself. Adrià stated: “Victory to repression is always to continue fighting.”

Description

On April 10, 2018, at 7 in the morning, a large police law-enforcement deployment accompanied by the media, rang at the family home of Adrià Carrasco, in Esplugues de Llobregat, in order to proceed to his arrest and to a search of the premises.

The action is ordered by the National Court and the Information Unit of the Civil Guard of Madrid and Barcelona is in charge of it. He is accused of crimes of sedition and / or rebellion and belonging to a terrorist group.

At their home at the time there were only Adrià and while his mother was opening the door, and in seeing the magnitude of the device, Adrià escaped. The Spanish State had been threatening for some time to prosecute under accusations of rebellion the CDR movement (Committees of Defense of the Republic), of which he is a part. During the home search, the police forces took all mobile phones and computers away.

Early in the morning, the media mistakenly reported Adrià Carrasco’s arrest, along with Tamara Carrasco, a neighbour of the nearby city of Viladecans, who was detained, falsely explaining that they were the leaders of the CDR movement. After a long investigation, both are accused of terrorism. Tamara Carrasco was released days later with some precautionary measures of confinement in her municipality.

The Interior Minister, Juan Ignacio Zoido, summoned the media to a press conference on 10-04-2018 about the detentions, ordered by the National Court against at least two leaders of the Committees of Defence of the Republic (CDR) in Barcelona which he justified due to what he described as: “the violent nature of their horizontal structure and without a hierarchy that, as he has underlined, are “similar to the Cuban Defence Committees”. The following days, the Civil Guard intensely looked for Adrià interrogating, and (according to family sources) intimidating the family, and threatening friends and people in their environment (“if you do not tell me where he is, you will be next”).

On Adrià weighs a search warrant in Spain, but no European or international search warrant has been issued as yet.

Adrià Carrasco disappeared and the media stopped talking about him for some time. From the first moment, his support group “Adri, we want you home” organized protest actions.

In May, his mother publicized a letter through the Radio program: “El mati de Catalunya Ràdio”, where she denounced what she described as the manipulation of the facts and of evidence during the Police search at their home.

Later, it is known that the specific actions by which they are accused have been involved in two non-violent civil protest actions, consisting of lifting toll barriers, organized by the CDR movement, on April 1 and 2 of 2018 (Holy Week) in Vallcarca and in Roca del Vallès. These were massive actions, which lasted for over an hour during which there was no violent episode whatsoever.

Image from: Xavier Dengra

Before

Adrià was 25 years old at the time of the events. He was working as a sound technician with FNAC. He lived at home with his parents, about to emancipate himself. He volunteered as a scout group leader with the Escoltes Sant Jordi of his town. Participate actively in different social campaigns, such as the Platform against the CAUFEC Plan (Urban Planning Project).

During the Referendum of October 1, 2017, he joined with the neighbours of Esplugues, in what would later become the village’s CDR (Referendum Defense Committees). This popular grassroots movement was born as per its own official description, to guarantee the implementation of the results of the referendum vote on self-determination and against the prohibition, repression and censorship of the Spanish State. Given the results of the Referendum, it was redefined as Republic Defence Committees, in order to carry out non-violent civil disobedience actions and implement the result of the vote.

In March 2018, the members of the Government of the Generalitat de Catalunya ( the Cataln Government), together with the main civil leaders; the presidents of OMNIUM and ANC, were imprisoned or exiled.

The Generalitat de Catalunya was the object of the application of Madrid’s direct rule article 155 of the Spanish Constitution.

On March 25, President Puigdemont was detained and imprisoned in Germany.

During the following days (Easter 2018) the CDRs carried out protest actions consisting of road cuts and lifting of toll barriers.

Several political parties and the media begin to criminalize the CDR movement accusing it of organizing “commandos” and equating them to the Basque “Kale Borroka” (street protests).

On April 2, 2018 the Public Prosecutor of the National Court disseminated a statement announcing that the actions of the CDR will be pursued as a “Rebellion crime.”

On April 5 German justice released President Puigdemont of any rebellion charges.

Five days later the Operation CADERA (CDR) was launched with the arrest of Tamara Carrasco and the attempt to arrest Adrià Carrasco. The two accused have no relationship with each other, despite sharing the same surname.

The outcome

Adrià, in view of the general context, the seriousness of the accusations levelled, and the many chances of going to prison if arrested; chose to exile himself. This was made public through its support group “Adrietvolemacasa” on June 8, without disclosing his whereabouts and publicising a letter by Adrià.

A few days later there was a multitudinous demonstration in his town, Esplugues de Llobregat. On September 6, he publicly appeared for the first time at a press conference in Brussels, accompanied by Belgian lawyer Christoff Marchand and spokesman for his support group, Efrem Blázquez, publicly denouncing his situation.

His lawyer, Gonzalo Boye is presented to the National Court as his legal representative.

In November 2018, the Spanish National decided to stop investigating him, which implied the dismissal of the accusation of terrorism, and transferred the case to the ordinary courts of Catalonia so that they determine if the accusations of public disorder levelled against Adrià should still stand. The Spanish search warrant against Adrià Carrasco continues in force.

Violated laws

A non-violent action of temporary (little more than one hour of duration and without interruption of the transit) lifting of toll barriers at a freeway, cannot be considered a crime of terrorism, as it is defined under:

– In article 3 of the “Directive (EU) 2017/541 of Parliament and the Council, of March 13, 2017”.

– In article 573 of the “Organic Law 10/1995, of November 23, of the Criminal Code” (CP).

Nor does it fit into the rebellion crimes (art. 472 of CP), nor of Sedition (art. 544 of the CP).

In these actions and the like, convened by the CDR movement, hundreds of people participated in the same dates, yet only a few have been denounced.  In no other case has the arrest of people been carried out, their home address has been searched, telephones and computers tapped, nor has there been an accusation of terrorism or rebellion and / or sedition.

There is no judicial resolution that establishes that the CDR movement is a “terrorist organization”.

The decision of the National Court, to stop accusing Adrià Carrasco and Tamara Carrasco of these serious crimes (seven months after initiating the procedure), questions the seriousness of the basis of the former accusations.

This irregular judicial action has infringed (among others) the following rights:

a.- Right to peaceful assembly and free association; included in article 11 of the European Convention on Human Rights (ECHR) and articles 21 and 22 of the Spanish Constitution (EC).

b.- Right to an equitable trial; included in article 5 of the ECHR and right to an ordinary judge determined by law; included in article 24.2 of the EC.

c.- Right to the inviolability of the address and the secret of communications (it affected both Adrià Carrasco and his parents); included in Article 8 of the ECHR and article 18 of the EC.

d.- Right to freedom of movement, included in article 18 of the EC and article 12 of the International Covenant on Civil and Political Rights, signed in New York on December 19, 1986.

References

Vikipedia català. Adrià’s profil·le (in Catalan):

https://ca.wikipedia.org/wiki/Adri%C3%A0_Carrasco_i_Tarr%C3%A9s   

 

News video (TVE) lífting of toll station barriers (in Spanish):

http://www.rtve.es/alacarta/videos/noticias-24-horas/decenas-independentistas-sabotean-varios-peajes-para-reivindicar-republica-catalana/4546919/

 

Article Vilaweb (01/04/2018). Lífting of toll station barriers (in Catalan): 

https://www.vilaweb.cat/noticies/els-cdr-desmunten-les-barreres-del-peatge-de-lap-7-a-la-roca-del-valles/

 

TV3 (02/04/2018). Lífting of toll station barriers (in Catalan): 

https://www.ccma.cat/324/els-cdr-tallen-lautopista-c-32-a-sitges/noticia/2847895/

 

EL PERIODICO (02/04/2018). State prosecutor’s Statement; CDR will be porsecuted (in Catalan):   

https://www.elperiodico.cat/ca/politica/20180402/fiscalia-audiencia-nacional-obrira-causes-penals-cdr-6730146

 

CCMA (03/04/2018). Report of the Civil Guard on the CDR that the Judge of the Supreme  Court Pablo Llarena has requested (in Catalan):

https://www.ccma.cat/tv3/alacarta/telenoticies-vespre/linforme-de-la-guardia-civil-sobre-els-cdr-que-ha-demanat-el-jutge-del-suprem-pablo-llarena/video/5757737/

 

CCMA (03/04/2018).
The CDR: from the road cuts to the charge of rebellion (in Catalan):

https://www.ccma.cat/324/els-cdr-dels-talls-de-carretera-a-lacusacio-de-rebellio/noticia/2848061/

 

ANTENA3 (10/04/2018). Two arrested for the incidents of Easter (in Spanish):

https://www.antena3.com/noticias/al-menos-dos-cabecillas-de-los-cdr-detenidos-por-los-incidentes-durante-la-semana-santa_201804105acc566f0cf2c61cea559239.html

 

DIARIO16 (10/04/2018). Two arrested for the incidents of Easter (in Spanish):

https://diario16.com/detenidos-dos-integrantes-los-cdr-acusados-terrorismo-rebelion/

 

CUATRO (10/04/2018). Civil Guard arrested two heads of the CDR (in Spanish):

https://www.cuatro.com/noticias/espana/Guardia-Civil-integrantes-CDR-Cataluna_0_2544675036.html

 

TVE (10/04/2018). Arrests (in Spanish):

http://www.rtve.es/alacarta/videos/telediario/detenida-integrante-cdr-rebelion-terrorismo/4559269/

 

CCMA (10/04/2018). Arrests of the Operation “CADERA” (in Catalan):

https://www.ccma.cat/324/detinguda-una-integrant-dels-cdr-acusada-de-terrorisme-i-rebel-lio/noticia/2849249/

 

EL NACIONAL. (11/04/2018). Civil Guard does not find the second accused –Adrià (in Catalan):

https://www.elnacional.cat/ca/politica/guardia-civil-segon-acusat-cdr_257043_102.html

 

TELECINCO (10/04/2018). Public statements of Minister Zoido on the arrests justifying them, because of what he described  as the “violent nature” of the CDR (in Spanish):

https://www.telecinco.es/informativos/nacional/Zoido-relaciona-detenciones-CDR-Barcelona_0_2544675098.html

BETEVE (10/04/2018). Public statements of Minister Zoido (in Catalan):

https://beteve.cat/societat/reaccions-detencions-cdr-zoido-espanya/

 

DIARI JORNADA (10/06/2018). Demonstration in support of Adrià’s hometown (in Catalan):

https://www.diarijornada.coop/actualitat/20180611/unes-2000-persones-es-manifesten-esplugues-perque-adri-pugui-tornar-lliure

 

TARRAGONA DIGITAL (10/07/2018). Investigated people of toll barrier lífting at El Vendrell ( in Catalan):

https://tarragonadigital.com/baix-penedes/barreres-peatge-vendrell-mossos

 

RAC1 (06/09/2018). Press conference in Brussels (in Catalan):

https://www.rac1.cat/info-rac1/20180906/451675976034/lactivista-del-cdr-acusat-de-terrorisme-per-laudiencia-nacional-seguira-a-belgica.html

 

CCMA (06/09/2018). Press conference in Brussels (in Catalan):

https://www.ccma.cat/tv3/alacarta/els-matins/adria-carrasco-he-triat-lexilli-perque-a-espanya-no-tinc-cap-garantia-de-tenir-un-judici-just/video/5784530/

 

ARA (06/09/2018). Press conference in Brussels (in Catalan):

https://www.ara.cat/politica/DIRECTE-CDR-Catalunya-acusacions-Brusselles_0_2083591750.html

 

ELPUNTAVUI (25/09/2018). The campaign: “Un Poble Empresonat” gets to Brussels 

https://www.elpuntavui.cat/politica/article/17-politica/1473543-puigdemont-participa-per-sorpresa-a-brussel-les-en-l-acte-que-denuncia-que-hi-ha-presos-politics-a-espanya.html

 

LA VANGUARDIA (07/11/2018). The National Court withdraws from the case (in Spanish):

https://www.lavanguardia.com/politica/20181107/452790186087/audiencia-nacional-deja-investigar-tamara-carrasco-adria-carrasco.html

 

ARA (07/11/2018). Statements of Adrià on the National Court withdrawing from the case (in Spanish):

https://www.elnacional.cat/es/politica/adria-carrasco-audiencia-nacional-terrorismo-cdr_322275_102.html

TV3 (05/12/2018). Adrià’s protest at Minister’s Josep Borrell’s conference with SCC (in Catalan):

https://www.ccma.cat/324/el-cdr-adria-carrasco-expulsat-per-increpar-borrell-en-un-acte-a-brusselles/noticia/2891187/

https://www.ccma.cat/324/adria-carrasco-despres-de-lincident-amb-borrell-el-que-no-farem-es-callar/noticia/2891269/

Documents

CCMA-CAT.RADIO (16/05/2018). Letter of Núria Tarrés, mother of Adrià (in Catalan):

https://www.ccma.cat/catradio/alacarta/el-mati-de-catalunya-radio/carta-de-la-mare-de-ladria-el-noi-desplugues-dels-cdr-buscat-per-terrorisme/audio/1002878/

EL NACIONAL (08/06/2018). First news about Adrià after he disappeared -letter (in Catalan):

https://www.elnacional.cat/ca/politica/carta-jove-adria-cdr-esplugues-exiliat_276438_102.html

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