Introduction
Catalan election results
On 12th May 2024, Spain’s Socialist Party won the most votes in Catalonia's regional elections, marking a setback for the pro-independence movement. The Socialists secured 42 out of 135 seats, needing coalition partners to govern. Pro-independence parties, Junts and ERC, won 35 and 20 seats respectively, falling short of a majority. The centre-right People’s Party increased their seats from three to 15, indicating a shift away from the independence agenda.
Prime Minister Pedro Sánchez remains in office
On 24th April 2024, Prime Minister Pedro Sánchez publicly raised the possibility of his resignation after the Supreme Court of the Region of Madrid opened an investigation into his wife for influence peddling and corruption. Sánchez suspended his duties for five days to assess the situation and make a decision about his future in government. The preliminary investigation was initiated following a criminal complaint by a far-right group known for filing unfounded lawsuits against people advocating for progressive causes. On 29th April 2024, Sánchez announced that he would remain in office.
Freedom of association
Developments in police infiltration cases
In a new report titled Report on Institutional Violence 2023, Irídia – Centre for the Defence of Human Rights documents cases of police infiltration of activists. Since May 2022, nine instances of police infiltration into various social movements across Spain have been documented. Following the exposure of several infiltration cases, it became clear that Spanish law enforcement deliberately deployed police agents with false identities (which can only be provided by the Ministry of the Interior) and resources to work undercover for extended periods, ranging from two to six years. There was no judicial authorisation for any of these measures, which is contrary to the law. According to the report, the police used these methods to restrict civil liberties and target individuals and groups. International experts from the United Nations condemned these measures, calling them serious violations of human rights.
In a joint statement, 87 organisations supported the activists, and a criminal case was initiated not only against the individual officer but also against the broader police structure responsible for such operations. Despite initial challenges, including the rejection of the initial criminal lawsuit by the first instance court, Irídia and its partners continued the legal proceedings in this case, currently awaiting a response from the ‘Audiencia Provincial’ (Court of Appeal) to the appeal filed after the Barcelona court judge dismissed the case. On 13th May 2024, another criminal complaint was filed by a group of individuals and movements affected by a group of individuals and movements affected by an undercover police officer in Girona; the case is currently awaiting a response from the judge.
According to Cèlia Carbonell, civic space officer at Irídia, these cases pose a serious threat to the freedom of assembly, as they have instilled a chilling effect on activists, leading many to question the prudence of their continued participation in these movements due to the significant repercussions at both the individual and collective level. Such police operations, which invade personal and intimate spaces, cross all red lines in terms of violating fundamental rights.
Criminalising social and political movements
The alarming trend of criminalising social and political movements under the pretext of combating terrorism and organised crime undermines the freedom of assembly in Spain. One of the most prominent recent cases is the Tsunami Democràtic affair, involving a non-violent protest movement in Catalonia, which was unfairly investigated by the National Court for terrorism-related crimes. Tsunami Democràtic campaigns for Catalan independence and attempts to persuade Spain to negotiate through peaceful demonstrations.
In November 2023, it was announced that 12 people were under investigation for terrorism over their alleged involvement in the non-violent movement known as 'Tsunami Democràtic'. The named suspects include a journalist, human rights activists, civil society actors and leading representatives of political parties. The investigation conducted by the Spanish Supreme Court against "Tsunami Democràtic" is another example of the Criminal Code being applied in a way that criminalises protest and restricts the right to freedom of assembly, freedom of expression and freedom of information.
As reported by Cèlia Carbonell from Irídia, seven of the 12 defendants in the Tsunami Democràtic case have gone into exile, seeking protection outside Spain from the progress of the case and the investigation by the Spanish National High Court. On 13th May 2024 the judge in charge of the case, García Castellón, summoned Mr. Sánchez to appear in court on 22th May 2024, along with the other defendants in the Tsunami Democràtic case.
Additionally, environmental, anarchist, and Catalan independence movements have faced similar accusations of organising criminal activities based on minor offences such as graffiti or peaceful civil disobedience. Such allegations were included in the annual report of the Public Prosecutor's Office in Spain and in the EUROPOL annual report 2023.
On 12th January 2024, the police arrested 22 eco-activists from the well-known Spanish organisation Futuro Vegetal. These climate activists are known for their non-violent civil disobedience actions, including glueing hands to the frame of Francisco de Goya's iconic painting in the Prado Museum, painting the entrance to the Spanish Parliament red, as well as vandalism on megayachts and private planes in Ibiza. The police accuse them of causing damage amounting to approximately EUR 500,000. Some of the charges brought against the protesters include involvement in a criminal group, property damage, endangering road and airspace safety, assaulting police officers, and participating in public disorder.
Standing difficulties
The Citizen’s Security Law, commonly known as the "Gag Law," has been in effect since 2015 and continues to infringe on freedom of association. As previously reported by the CIVICUS Monitor, the law requires prior government approval for peaceful protests and severely restricts protest locations. Despite advocacy efforts for its reform, political will to amend the law remains lacking. The law serves as a primary tool for repressing movements and activists through sanctions and legal actions.
Cèlia Carbonell, civic space officer at Irídia, pointed out that the Gag Law not only curtails freedom of expression and assembly but also undermines freedom of association by weakening the organisational capacity of movements. The threat of hefty sanctions discourages participation in protests, thereby weakening the structure of social movements.
Сhallenges in accessing information and holding authorities accountable are additional difficulties faced by human rights organisations in Spain. According to Carbonell, despite legal provisions on access to information, government agencies often fail to provide relevant data or justify their refusal to disclose information. The lack of transparency impedes efforts to monitor police conduct, challenge repressive laws, and defend civil liberties effectively.
Peaceful Assembly
Mass protests erupt in Spain over Prime Minister Pedro Sánchez's future
Protests swept through Spain after Prime Minister Pedro Sánchez announced a five-day leave on 24th April 2024, to decide on his political future. This decision came after a court initiated a preliminary investigation into his wife on corruption charges.
The largest protests took place on 27th April 2024, when 12,500 supporters flooded the streets around the Socialist Party headquarters in Madrid. Participants chanted "Pedro, stay in office" and "Pedro, we support you." Additionally, on 28th April 2024, an estimated 5,000 supporters gathered at the Spanish Parliament to rally behind the prime minister.
Protests against Catalan Amnesty Bill
After protracted controversy, on 14th March 2024, the Congress, Spain's lower house of parliament, approved the so-called amnesty bill with a narrow margin of 178 votes in favour and 172 against. However, on 14th May 2024, after two months of deliberation, the Senate, Spain's upper house, rejected the amnesty law. The proposal will now return to Congress, where lawmakers can overturn the veto with an absolute majority or a simple majority in a second vote.
The amnesty law, a revised version of the bill rejected in January, aims to pardon confirmed or alleged offences committed by Catalan separatists during the attempt to hold an independence referendum on 1st October 2017. As reported by the CIVICUS Monitor at the time, the central government sent police to enforce a court order to stop the referendum; widespread violence against independence activists and peaceful voters was reported.
According to various media sources, Pedro Sánchez supported the amnesty bill to gain the backing of two Catalan separatist parties after inconclusive national elections in July 2023. However, the proposal faced public resistance and accusations that Sánchez betrayed the rule of law in exchange for another term. Judges criticised the decision, and the European Union reviewed it.
The following major protests were reported in several Spanish and international media.
- On 30th January 2024, approximately 45,000 people gathered in Madrid's central Plaza de España. The crowd carried numerous Spanish and European flags, as well as banners saying "No to amnesty" and "Sánchez traitor".
- On 9th March 2024, thousands of demonstrators paraded through the centre of Madrid, displaying the national flag and singing patriotic songs, with no reports of violence.
Previous such protests in November 2023 led to clashes between demonstrators and law enforcement, with reports of dozens of demonstrators arrested.
Canary islands tourism protests
On 20th April, 2024, protests erupted in the Canary Islands when tens of thousands of residents took to the streets to demand a reassessment of the region's tourism strategy. Under the slogan "Canarias tiene un límite" (The Canary Islands have a limit), the demonstrators expressed their concerns about the environmental and social impact of uncontrolled tourism growth. The protests come amid escalating tensions between residents and authorities over the perceived prioritisation of tourism development over local well-being.
The protests, which were supported by environmental organisations such as Greenpeace and WWF, attracted a considerable turnout: the police estimated the number of participants at 20,000, while the organisers spoke of up to 50,000. The demonstrators demanded an immediate halt to the large-scale luxury projects in the south of Tenerife and called for a moratorium on further tourism projects. Despite the large number of participants, the demonstrations remained peaceful and there were no reports of clashes between demonstrators and law enforcement.
While acknowledging the need for revisions to the tourism model, regional president Fernando Clavijo defended the industry's economic importance. He pledged to review existing policies but emphasised the need for a balance between tourism growth and environmental sustainability.
Farmers’ protests
In February 2024, protests in Spain continued for more than 10 days, driven by farmers' frustration over rising costs and cuts in European Union subsidies. In response, the Spanish government convened a meeting with agricultural associations to discuss these concerns.
On 13th February 2024, farmers blocked the main access roads to Mercabarna, a wholesale market in Barcelona, to protest against the marketing of products from third countries that do not comply with Spanish regulations. Approximately 150 tractors were prevented from entering the city, as the government declared that only the 500 vehicles registered by the organisers of the protest would be allowed to enter the city.
The protests continued: on 14th February 2024, demonstrations and tractor convoys took place in various cities in Spain, including Burgos, Cuenca, Guadalajara, Jaen, Malaga, Palencia, Santiago de Compostela, Seville, Toledo, Valladolid, Motril (Granada) and Mercamadrid (Madrid). While a government spokesperson stated that “no significant incidents” had been reported, some demonstrators threw eggs at the building during the rally in front of the Ministry of Agriculture.
Police violence was also reported in some cities, such as Algeciras. According to rights groups, riot police present at the protest did not have the legally required identification on their uniforms, and the use of force was also documented in some cases. According to media reports, four people were arrested.
The protests in Spain have garnered attention from the European Commission, which has responded by making some concessions to ease certain environmental regulations. However, farmers argue that these measures are insufficient to address their concerns.
On 17th March 2024, numerous tractors and hundreds of farmers reconvened in Madrid to criticise the agricultural policies of the European Union. Organisers claim that around 1,000 people participated in the demonstration, while the government estimated the attendance at 450.
Palestine solidarity protests
During the reporting period, numerous pro-Palestine protests took place in Spain. Cèlia Carbonell, civic space officer at Irídia, told CIVICUS Monitor about five coordinated protests occurring in dozens of Spanish cities with a unified message since the beginning of the war. She also reported on encampments for Palestine at various Spanish universities. On several occasions, the media reported alleged police aggression against the protesters.
According to a report published by the European Civic Forum in April 2024, the Palestine solidarity movement in Spain has seen hundreds of protests, with police reportedly engaging in ethnic profiling, detentions, and banning Palestinian symbols like flags and keffiyehs. Pro-Palestinian symbols have been banned in sports stadiums, and teachers have been targeted for discussing the violence in Palestine. Schools have restricted solidarity demonstrations to avoid accusations of anti-Semitism. Additionally, the Catalan media outlet El Nacional violated the privacy of three activists by publishing their images without consent, accusing them of anti-Semitism based on police sources before the investigation concluded. In Sant Cugat del Vallès, the city council censored a Gaza solidarity mural created by students and teachers.
Freedom of expression
Journalist faces legal retaliation
On 8th February 2024, Madrid's Magistrate’s Court number 27 initiated proceedings against Carlos Sosa, the director of Canarias Ahora, a Canary Islands news outlet, following a complaint from imprisoned former judge Salvador Alba. Sosa faces charges including harassment, incitement to hatred, and revelation of secrets, with Alba demanding a 23-year prison sentence. The complaint also targets Ignacio Escolar, the director of El Diario (Canarias Ahora's affiliated outlet), and Sosa’s partner, Victoria Rosell.
Despite opposition from the public prosecutor’s office, the judge pushed forward and set an exorbitant bail of EUR 422,500 for Sosa. The charges stem from Sosa’s reporting on the criminal proceedings against Alba.
In 2019, a Canary Islands court found Alba guilty of attempting to undermine the political career of another magistrate, Victoria Rosell, through false statements. Alba, who has been serving a six-year prison term since October 2022 after being sentenced on these charges, claims that Sosa's reporting violated his privacy and incited hatred against him. However, the public prosecutor’s office asserted that Sosa’s reporting was in the public interest and did not disclose any confidential information.
The International Press Institute (IPI) has voiced serious concern over journalist Carlos Sosa's legal troubles in Spain. IPI Deputy Director Scott Griffen condemned the legal action against Sosa and Canarias Ahora, emphasising the need for reforms in Spain to prevent such misuses of the judicial system against journalists.
Journalists under threat after exposing alleged tax fraud
In a concerning turn of events, on 12th March 2024, Miguel Ángel Rodríguez, the chief of staff of Madrid Community President Isabel Díaz Ayuso, was reported to have sent threatening messages via WhatsApp to Esther Palomera, the deputy editor of elDiario.es. One of the messages ominously stated, “We are going to crush you. You’re going to have to shut down. You idiots.” When questioned about the nature of the message, Rodríguez dismissed it as an "announcement," sparking fear and alarm among journalists.
These threats came after the publication of two articles by elDiario.es uncovering an ongoing criminal investigation into suspected tax fraud involving Alberto González Amador, Ayuso’s partner. Further exacerbating the situation, on 19th March 2024, the Madrid Community issued a statement accusing journalists from El País of harassment and alleged "hooded journalists" from elDiario.es of attempting to access Ayuso’s residence.
As a reaction, the Council of Europe’s platform for the defence of press freedom issued a level two alert, signalling a threat to press freedom. They called for an immediate investigation into the threats directed at elDiario.es and the dissemination of images of journalists from El País. The Committee to Protect Journalists (CPJ) echoed these concerns, emphasising the need for a thorough investigation to ensure justice and uphold press freedom. They called on Spanish authorities to take swift action to address the intimidation and harassment faced by journalists.
Terrorism investigation of Catalan journalist raises concerns
On 9th April 2024, the Spanish High Court ordered Catalan journalist Jesús Rodríguez Sellés to provide his formal address so that he could be summoned to testify when required. Rodríguez Sellés is presently under a terrorism investigation by Spanish authorities. He was named a suspect in November 2023 for allegedly aiding the Tsunami Democràtic protests in 2019, which followed the jailing of Catalan separatist leaders. Two days after the court order, the journalist, known for exposing police misconduct, left Spain, citing threats to his freedom and fear of arbitrary arrest.
The Media Freedom Rapid Response (MFRR) partners have expressed significant concerns regarding the terrorism investigation into Jesús Rodríguez Sellés. They fear the four-year-long investigation may be politically motivated, especially given Rodríguez Sellés's history of exposing police misconduct and his association with the Catalan independence movement. MFRR highlights the timing of the investigation, which coincides with debates over an amnesty law for separatist leaders, and stresses the extreme nature of the charges, which could be seen as an attempt to criminalise dissent and restrict journalistic freedom.
Pegasus investigation reopened
On 23rd April 2024 the High Court of Spain decided to reopen an investigation into the alleged hacking of the phones of high-ranking Spanish politicians, including Prime Minister Pedro Sánchez, in connection with the scandal surrounding the use of Pegasus spyware. The inquiry aims to identify those responsible for the surveillance, but no specific individuals have been accused so far. The decision to reopen the investigation followed new information from French judicial authorities. The investigation had previously been suspended due to a lack of cooperation from Israel.
Pegasus software, developed by the Israeli company NSO Group, is used for tracking mobile devices and can be employed to extract data or activate cameras and microphones without the consent of their owners. As previously reported on CIVICUS Monitor, its use in Spain has triggered a major institutional crisis, known as "Catalangate", as the majority of the spying targets were linked to the Catalan independence movement.
The affected individuals included journalists, lawyers, human rights defenders, members of civil society organisations, and political representatives. None of them have a criminal record or any known legal proceedings that would indicate they pose a danger to the state. According to international law and standards, none of these individuals should have been subjected to surveillance. Although an investigation by the Citizen Lab concluded over two years ago that there had been an extensive espionage operation, the case remains at the initial stage with many questions unanswered.