The Court of Barcelona archived the legal case against Anna Gabriel, which led her to exile in 2018 in Switzerland, and prosecuted her for disobedience. The court decided to archive the case because the Prosecutor’s Office requested to do so in order to prove that the facts are not a crime and the other accuser, Vox, did not comment within the time it was required to do so; therefore, the court agreed to free dismissal of the case and filing of the case. On January 18, 2023, the Supreme Court sent Gabriel to trial for disobedience but transferred the case to the Court of Barcelona.
The former CUP deputy returned from exile on July 19, 2022, and appeared before Judge Pablo Llarena, who released him. Gabriel returned to the Spanish state after more than four years of exile in Switzerland. According to a document from the Supreme Court, he voluntarily appeared to make himself available to the high court and regularize his procedural situation after leaving as a result of his involvement in the independence process. After his appearance, the investigating magistrate, Pablo Llarena, decided to summon him to measure later, with the participation of other parties who appeared in the process. Once the call was made, he was temporarily released and returned to Switzerland. Gabriel appeared before the Supreme Court again in September 2022, where he denied having committed the crime of insubordination due to his alleged DUI involvement.
Alleged crime of disobedience
Anna Gabriel testified in just half an hour before Judge Llarena, the Prosecutor’s Office, the State Attorney’s Office, and the popular prosecution made by Vox. The leader refused to answer questions from the legal service of the state and from the training led by Santiago Abascal. It was asked if, in 2017, he had received any request from the Constitutional Court warning him that he could not promote a parliamentary initiative that would bring independence to Catalonia. Gabriel said no, that he did not receive any notice, and that, therefore, he could not have committed the crime of disobedience that is dedicated to him.
After years of judicial journey, Anna Gabriel was acquitted in the same way as his former colleague Mireia Boya in the Superior Court of Justice of Catalonia (TSJC), with strong reasoning, in October 2020, after being judged by the sovereign members of the Parliament table led by Carme Forcadell.
The former leader of CUP has been in exile for more than 6 years, and his visits to Catalonia have been counted since then. After appearing before Judge Llarena, he participated in several activities. In October 2022, he participated in an act of criticism against the repression of the State of Sallent. In January 2023, and again in Sallent, he participated in the XII CGT Congress. Anna Gabriel’s last public appearance was in May 2023 to support the CUP candidate for the municipal elections in Barcelona, Basha Changue, in the neighborhood of Gracia.