The judge ruled out remove the polls of the 9-N to be "disproportionate"

The duty magistrate of Barcelona has rejected a request by two political parties, UPyD and Platform per Catalunya - to paralyze the votes of 9-N. The judge Gonzalo of God, which today carries out functions of the guard, has assumed the thesis of the Prosecutor and has concluded that the measures requested by the formations (among them, the withdrawal of the polls and the closure of the public centers where the voter votes) have "no proportionality". The auto concludes that "there are no reasons for urgency or relating to public order that advise" the withdrawal of the ballot to the that, to the 18 hours had come more than 1.9 million people.

Although the judge ruled out take the precautionary measures, the resolution if you sort open an investigation into whether those responsible for the organization of the 9-N have committed some crime. The complaint for UPyD, submitted to first hour of the morning, is directed against the president of the Generalitat, Artur Mas; against the Minister of Education, Irene Rigau, and against the Minister of the Interior, Ramon Espadaler, the latter for not preventing the commission of an alleged crime of disobedience.

The auto meridiana makes a distinction between the organizers and the citizens that are participating today massively in the vote. "The act in itself considered the vote, citizen participation or as you want to be called to the acts of the channelling of popular will" does not imply any offense. The judge reminds us that the citizen "is free to express his opinion when from the public authorities are you convenes and helps you to do so".

"The basic question," adds the resolution, is under the exclusive jurisdiction of the Constitutional, appropriate body to determine if "legal norms are adjusted or not the constitutional text". And that court, remember, has not requested any judicial relief for some action. For this reason, concludes, "does not appear to be proportional to be agreed for urgency and at the request of individuals, even when holding public office".

The writ is based to a great extent in the report drawn up by the prosecutor of the guard of Barcelona and also defended by the Senior Prosecutor in Catalonia. All the prosecutors who today are on duty in Catalonia are maintaining the same thesis of lack of proportionality to the various complaints that have been filed in the courts.