In imprisoning Catalan leaders for peaceful campaigning for Independence, and in choosing both in rhetoric and in court to treat support for Independence as “sedition”, the Spanish government is acting way beyond the limits of a democratic society. It is ignoring the basic human rights of freedom of speech and freedom of assembly. It is also undertaking massive blocking of communication and censorship of the internet in a manner never seen before in a “Western” state.

To move now to suspend the democratically elected Catalan administration, which is explicitly offering dialogue as an alternative to UDI, is to escalate the crisis in an unreasonable fashion, in the true meaning of the word unreasonable. All of this is truly dreadful, without even mentioning the violence inflicted on voters taking part in the peaceful Independence referendum.

As regular readers know, the EU reaction to the peaceful movement for Catalan independence has caused me to rethink my entire position on that institution. The failure to condemn the violence and human rights abuse has been bad enough, but the EU has gone still further and offered unqualified support to Spain, with the Commission specifically declaring Spain has a right to use violence, and Juncker saying straight out that the EU opposes Catalan Independence.

What has become more clear to me is that the modern state is simply an engine to enable the elite to control and direct its economic resources to their own benefit, those economic resources including the people. Loss of resources to the ruling elite is therefore a catastrophe. A state is not a collaborative construct voluntarily formed for mutual convenience and protection by its people. If it were, then it would be a matter of indifference to the ruling elite which particular state units people choose to form, and how these morph and form.

The idea, endorsed by the EU, that a state is an economic construct of control, in which it is legitimate to constrain entire peoples by force against their will, is surely abhorrent. The EU is become simply a cartel of power, a club to promote the sectional interest of the controlling elites of European states.

Catalonia will have a few days to decide how to react to Spanish imposition of direct rule, as that has to go through legislative bodies in Madrid. Catalonia has very little capacity militarily to defend itself against Spain. But it is difficult to see how it can be serious about Independence if it makes no effort to that purpose. Some effort at physical, if non-lethal, resistance to Spanish takeover must surely be under discussion.

More importantly, however brief the lifespan of Independent Catalonia at this stage, it must during its existence delegitimise Spanish – by which I mean pre-Independence – institutions and specifically the courts. Within Catalonia, all officers of State, and particularly judges, prosecutors and law enforcement officers, must be suspended immediately from all duties. They should then be instantly administered an oath of loyalty to the Catalan state and a specific abjuring of loyalty to the Spanish state. Those who do not take the oath would remain suspended, and after a week become dismissed.

The alternative will be an undermining of the legitimacy of the Catalan state by its own courts, and the many corrupt pro-Madrid judges and prosecutors they contain. This will be used to counteract the Independence narrative internationally and domestically.

Spain and the EU are hiding behind “the rule of law”. The violence of the Guardia Civil was validated as enforcing the ruling of Francoist judges. The censorship of the internet, the imprisonment of dissidents, all is in accordance with the “rule of law” in Spain.

I dealt with imprisonment of political prisoners all round the world when I was in the FCO. Very few of them were extra-judicially detained. Uzbekistan’s 8,000 political prisoners have almost all been tried and condemned under Uzbek law. Alexander Solzhenitsyn, Ken Saro Wiwa, Nelson Mandela, Gandhi, all were imprisoned by judges. The “rule of law”, where it ignores human rights, is not enough. That is the line the EU, to its great shame, has crossed.

As a footnote, I am researching my biography of George Murray. In 1710, following the death of George’s eldest brother John with the British army at the Battle of Malplaquet, his next eldest brother William was summoned home from India. The first available vessel was bound for Barcelona. William spent some time there waiting for a ship in the middle of a war. The interesting point is that the family letters refer repeatedly to William being in Catalonia and events in Catalonia. The word Spain does not appear in the correspondence at all.

I mention this purely as illustrative – and one of many thousands of examples that might be given – that the Catalans are a people and have been acknowledged as such in Europe for centuries. The right of self-determination in Article 2 of the UN Charter is given not to geographic regions but exclusively to “Peoples”. The Catalans, like the Scots, undoubtedly qualify as a “People”, something the EU has still failed to address.