Catalan representatives and activists were retaliated against and prosecuted for the 2017 independence referendum and the ensuing demonstrations. Their political and civil rights are being violated with impunity by Spanish authorities. 

The Council of Europe stressed that defending independence is not a crime and that freedom of speech is paramount for political debate and democracy. It also asked for the release of any politician detained for having made statements while exercising their mandate. This refers to the Cilevics report, in which the Parliamentary Assembly of the Council of Europe requested the release of the Catalan political prisoners.

Many public officers of the Catalan Government and Parliament were banned by Spanish courts from holding office again, despite their release from prison in 2021. In fact, the UN Human Rights Committee found that Spain had violated the political rights of four former Catalan Parliament members by suspending them from public duties before conviction. Following the 2017 independence referendum, several Catalan representatives, including former president Carles Puigdemont, went into exile.

In 2022, the modification of the Spanish Penal Code eliminated the crime of sedition but added a new crime of ‘aggravated public disorder’ in a clear attempt to facilitate the extradition of the exiles and facilitate jail sentences. The reform also incorporated intimidation, provocation, conspiracy and solicitation as causes of crime and disqualification sentences for workers and public officials, which alarmed judicial and human rights organisations.