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Spain's attorney general, Maria José Segarra, has said she sees "no crime" in putting up or removing yellow loops, both falling under "freedom of expression". She, however, made it clear that they are circumscribed by the law of public safety and it's up to Catalan authorities to take the decisions, such actions falling outside the jurisdiction of the public prosecution service. Yellow loops have become common symbols of support for the pro-independence politicians in jail and exile.

She believes it is "as lawful to publicise an ideological opinion as it is to protest against it by removing material". In comments to the media in Santander, Segarra explained that there's no such criminal proceedings open, but that if complaints are presented for damages or for violence in the streets, they will be studied like in "any other place of the Spanish geography".

 

Problems with freedom of expression

On Saturday, Mossos d'Esquadra identified 14 people (including a Civil Guard officer) in Tarragona who were removing loops. The Catalan interior ministry has started proceedings for an alleged serious infraction of Law 4/2015 on public safety. Conviction could lead to a fine of between 601 and 30,000 euros.

La Fiscal general de l'Estat Maria José Segarra - ACN
Spain's new attorney general, Maria José Segarra / ACN 

Asked about the topic, Spain's attorney general said that it doesn't fall under her jurisdiction, but that she sees "no crime" in putting up or removing yellow loops. According to Segarra, both are covered by freedom of expression.

Separation of powers

Spain's attorney general didn't comment on remarks by Catalan president Quim Torra this weekend who said the state has to be attacked. "Prosecutors don't dedicate themselves to commenting on statements by any political official," she said. "They're statements by a political representative, we judge specific facts and there's no lawsuit against the independence movement and we only act if there's criminal relevance," she said.

Segarra also said that prosecutors will "imminently" formulate the charges against the pro-independence leaders under investigation. She's waiting for the court to give them the go ahead in September, at which point public prosecutors can draft their charges.