divendres, 21 de febrer del 2025

Letter to
European Commission

Letter to European Commission

To the High Authorities of the European Union, upon whom rests the solemn duty to uphold the fundamental liberties of all European citizens

**Subject:** Formal Complaint - Violation of EU Law on Public Health, Fundamental Rights, and Judicial Abandonment by the TSJC

Introduction

**Urgent Human Rights Complaint – Request for Immediate Action**

Preamble

In the face of oppression, silence is complicity. Injustice, when tolerated, erodes the very foundations upon which this Union was built. Today, before this Commission, I bring forth a case that demands not only legal action, but a reaffirmation of the European Union’s commitment to truth, justice, and human dignity.

What is at stake is not only the fate of an individual but the integrity of European principles themselves. The credibility of the institutions entrusted with protecting human rights depends on their willingness to act decisively when those rights are violated. The question before you is not merely legal—it is moral, historical, and existential.

I hereby submit this urgent complaint, not as an appeal to bureaucratic process, but as a call to conscience. Will the European Union uphold its duty to defend those in need, or will it allow injustice to persist under its watch?

Preliminaries

1. The Need for Immediate Action and Alarm on Systemic Violations

»The case presented is not an isolated matter—it is a **warning sign of systemic human rights violations** occurring within a Member State under the watch of the European Union.

  • **Every moment of inaction** allows further human rights violations to take place.
  • The **institutional silence** that has followed prior complaints **cannot be ignored without setting a dangerous precedent.**
  • If no immediate measures are taken, the **credibility of the European legal framework** will be at risk, and the EU’s commitment to democracy and justice will be brought into question.

This is not merely about **a single complaint**; it is about **the integrity of the entire human rights protection system** within the European Union. The question now is not just about **whether justice will be served** but **whether the EU will uphold its foundational principles.**

2. The European Union's Historical Responsibility

The European Union was founded on the principles of **justice, human dignity, and fundamental rights**. In moments of crisis, history has judged not only those who perpetrate injustices but also **those who choose inaction in the face of human suffering.**

  • The EU has stood as a **global defender of human rights**, but its credibility is **at risk** if it fails to intervene in clear violations within its own borders.
  • History has shown the consequences of turning a blind eye to **systematic repression and state abuse**.
  • If this case is ignored, the EU will be seen as **failing in its duty** to uphold the principles upon which it was built.

The world is watching, and the European Commission must **prove that its commitment to human rights is more than just rhetoric.**

3. Challenging the Credibility of the European Commission

The inaction of the European Commission so far has **raised legitimate concerns** about its willingness to uphold the principles of fairness, justice, and fundamental rights.

  • The **initial dismissal** of this complaint was not just an administrative error—it was a **failure of duty**.
  • The lack of prior intervention **demonstrates a dangerous precedent of ignoring human rights violations within the EU.**
  • If the Commission does not act decisively, **how can it expect other institutions to take European law seriously?**

4. Legal and Judicial Abandonment by the High Court of Justice of Catalonia (TSJC)

One of the most alarming aspects of this case is the complete failure of the judicial system to provide legal protection. The High Court of Justice of Catalonia (TSJC) has systematically ignored and dismissed legitimate complaints regarding fundamental human rights violations.

This failure constitutes a direct violation of Article 47 of the Charter of Fundamental Rights of the European Union, which guarantees:

  • The right to an effective remedy before a tribunal.
  • The right to a fair hearing within a reasonable time.
  • The right to be heard by an independent and impartial tribunal.

By refusing to address these severe violations, the TSJC has effectively denied access to justice, forcing the complainant to escalate the case at the European level.

--Annexed Document at the end: Official response from the TSJC confirming their refusal to intervene in the matter.

The lack of legal intervention from the TSJC further justifies the necessity of immediate European Commission action. The Commission cannot allow Member States to violate fundamental rights while European institutions stand idle.

5. Forcing a Legal and Political Response

We formally demand:

  • **An immediate response within 15 days**, outlining what measures will be taken.
  • **A full review of the European Commission’s prior inaction** regarding this complaint.
  • **The initiation of formal legal proceedings** against the responsible Member State.
  • **Public disclosure of the Commission’s actions** regarding this case, ensuring transparency and accountability.
  • **Escalation to the European Parliament and the European Court of Justice** if the Commission fails to act promptly.

The time for bureaucratic hesitation is over. **This is a moment where action defines the European Union’s legacy—whether as a protector of human rights or as an institution complicit in their violation.**

To the European Commission Complaints Office

I write to you in a state of urgency and deep concern regarding a case of severe human rights violations and systemic repression occurring within a Member State of the European Union. This complaint outlines state-sponsored actions that include arbitrary detention, forced chemical submission, and the systematic persecution of individuals based on their intellectual, psychological, and ideological identities.

What is even more alarming is the failure of the judicial system to intervene and the prior inaction of the European Commission, which has allowed these abuses to persist. Every moment of delay further endangers victims and strengthens the impunity of those responsible.

This case is not an isolated event—it reflects a systemic failure that could set a dangerous precedent for human rights protection in the European Union. If these violations are ignored, it will undermine the very principles of justice, human dignity, and democracy that the EU claims to uphold.

I formally request the immediate intervention of the European Commission to:

  • Secure the immediate and unconditional release of the complainant.
  • Initiate a full investigation into these systematic human rights abuses.
  • Hold the responsible authorities accountable at both national and international levels.

This is an urgent matter of European and global concern. I urge you to take this complaint with the gravity it deserves and act without hesitation. The EU must prove that its commitment to human rights is more than just words on paper.

To the European Commission Complaints Office

  • Formal complaint document with full legal references.
  • First-hand testimony of human rights violations.
  • Requests for urgent legal action.

I demand an acknowledgment of receipt of this complaint and a formal response detailing what immediate actions the Commission will take.

Sincerely,
Joan Balaguer Ardanuy
European Union Citizen
Carrer Amadeu Vives 11, B4. 17300, Blanes.
Països Catalans
joan.balaguer.ardanuy@gmail.com
0034633582710

Letter to European Commission

**Subject:** Formal Complaint - Violation of EU Law on Public Health, Fundamental Rights, and Judicial Abandonment by the High Court of Justice of Catalonia (TSJC)

1. Complainant Information of a European Union Citizen

  • **Full Name:** Joan Balaguer Ardanuy
  • **Address:** Carrer Amadeu Vives 11, B4. 17300, Blanes. Països Catalans
  • **Email:** joan.balaguer.ardanuy@gmail.com
  • **Phone Number:** 0034633582710

2. Complaint of the European Union Citizen (2.1-2)

To the High Authorities of the European Union, upon whom rests the solemn duty to uphold the fundamental liberties of all European citizens,

2.1 Summary of the Complaint

1 This complaint addresses a serious violation of European Union law concerning public health and fundamental human rights, involving systematic state actions that alter brain function, restrict freedom of thought, sexuality, right to reproduce and suppress individual rights within a Member State.

»Additionally, the case includes judicial abandonment by the High Court of Justice of Catalonia (TSJC), which has failed to ensure legal protection for victims, allowing unlawful state actions to persist unchecked.

»This case affects over seven million people directly and has broader implications at the EU level. The actions described below constitute a breach of EU law, requiring the European Commission to take immediate action against the responsible state.

2.2 Urgent Call for Immediate Intervention

We solemnly and urgently request the immediate and unconditional release of the complainant. The European Commission has a legal and moral obligation to act swiftly in light of the severe human rights violations documented in this case. Any delay in intervention will contribute to the continued deterioration of the complainant’s health, liberty, and fundamental rights, as well as the perpetuation of systemic abuses affecting countless individuals under similar circumstances.

»The Commission must recognize that its previous inaction has allowed these violations to persist, and it now carries the responsibility to ensure justice, protection, and the restoration of human dignity. We demand the immediate mobilization of European legal mechanisms to halt the unlawful detention, forced chemical submission, and institutional persecution suffered by the complainant.

»We formally request a review of the Commission's previous decision to disregard our initial complaint, as such a response contradicts the obligations of EU institutions under European law.

3. Legal Violations and EU Law Infringements (3.1-4)

2 The actions undertaken by the Member State violate several key provisions of EU law, including:

3.1 Charter of Fundamental Rights of the European Union (CFR)

  • **Article 3 (Right to integrity of the person):** Unlawful administration of chemical agents affecting neurochemistry.
  • **Article 6 (Right to liberty and security):** Systematic and arbitrary detentions without fair trial, including the annexed first-hand testimony of the complainant’s own experience.
  • **Article 11 (Freedom of expression and information):** Suppression of individuals attempting to expose these actions.

3.2 Treaty on the Functioning of the European Union (TFEU)

  • **Public disclosure of the Commission’s actions** regarding this case, ensuring transparency and accountability.
  • **Escalation to the European Parliament and the European Court of Justice** if the Commission fails to act promptly.

3.3 European Convention on Human Rights (ECHR)

  • **Article 3 (Prohibition of inhuman and degrading treatment):** Use of mechanical restraints without due process.
  • **Article 5 (Right to liberty and security):** Unjustified detentions of individuals on political or ideological grounds.
  • **Article 8 (Right to private life):** Forced medical interventions and surveillance measures.
  • **Article 13 (Right to an effective remedy):** Failure of the TSJC to ensure judicial protection.

3.4 Rome Statute of the International Criminal Court (ICC)

  • **Article 7(1)(h) (Persecution as a Crime Against Humanity):** Deliberate and severe deprivation of fundamental rights in violation of international law, targeting individuals based on intellectual, psychological, or religious traits.
  • **Article 7(1)(e) (Imprisonment or Other Severe Deprivation of Liberty):** Arbitrary detentions violating international legal norms.
  • **Article 7(2)(g) (Systematic Persecution Against an Identifiable Group):** State-driven repression and discrimination based on political, cultural, or ideological identity.

4. Evidence and Proof Requested (4.1)

4.1 Formal request

3 We request the European Commission to initiate an **urgent investigation** into the following:

  • **Medical and toxicological reports** that remain inaccessible due to administrative silence and procedural delays, which obstruct the verification of neurochemical alterations in affected individuals.
  • **First-hand testimonies** of victims detailing unlawful detentions and medical interventions, including the annexed personal testimony of the complainant.
  • **Government documents and legal reports** that can confirm the implementation of these measures and the necessity of immediate intervention.
  • **Records of systematic censorship and persecution** of individuals attempting to expose these facts, with emphasis on the targeted persecution of individuals with shared personality traits, intellectual backgrounds, and religious beliefs, particularly by the Catalan Department of Health and IAS (Institut d'Assistència Sanitària -ias.cat-), in potential violation of Article 7 of the Rome Statute (Crimes Against Humanity - Persecution and Unlawful Detention).
  • **Evidence regarding the exploitation of victims subjected to forced unpaid labor under so-called 'prelaboral' contracts**, while simultaneously being chemically subdued.
  • **Documentation on the structure and financial support of philanthropic foundations**, particularly those associated with **Fundación "La Caixa"**, that facilitate these exploitative programs.
  • **Investigation into economic guardianship practices** that restrict victims' financial autonomy and coerce them into accepting 'prelaboral' contracts under the guise of future financial security.
  • **Reports of arbitrary detentions and mechanical restraint practices**, violating both EU and international law, with explicit reference to the complainant’s firsthand experience on February 9, 2025.
  • **Official documentation and court rulings from the TSJC**, evidencing its failure to intervene effectively in these cases.
  • **Annexed personal testimony** detailing firsthand experience of arbitrary detention, lack of due process, and non-consensual chemical submission.

4. Personal Testimony on Arbitrary Detention and Violations (4.1)

**Personal Testimony on Deprivation of Liberty And Chemichal Subjugation**

5.1 Preliminary Information

My deprivation of liberty is, from beginning to end, a consequence of a **general negligence** within the Catalan public health system. Shortly after filing a complaint before the **highest global justice institutions** —including the **European Commission, the European Ombudsman, the International Criminal Court in The Hague, and the human rights bodies OHCHR and ECHR**—as well as the **High Court of Justice of Catalonia**, for alleged **crimes against humanity** committed within this psychiatric institution, it is possible that I am already suffering **the first political reprisals**.

5.2 The Incident

»The only thing I requested from the Catalan public health system was **personal protection and genuine specialized healthcare** outside the Spanish legal framework. Through the **061 Cat-Salut Respon** emergency messaging service, my request was ignored, and instead, **Mossos d'Esquadra officers entered my bedroom** while I was **peacefully lying in bed**. Without resistance on my part, they restrained me, and an emergency medical worker **injected me with an anesthetic—presumably midazolam—before forcibly transferring me** to **Hospital Santa Caterina de Salt**. This **forced transfer** was aimed at **unjust deprivation of liberty and chemical subjugation**, in the **absence of a fair and impartial trial**, and without anyone defending my rights as a Catalan citizen.

5.3 Mechanical Restraint

»When I regained consciousness, I was in **a cell, mechanically restrained**—**handcuffed at the wrists, ankles, and waist**. No one was attending to my **basic human needs**, forcing me to scream for assistance. This treatment had **devastating effects on my physical and psychological health**, as evidenced by recent blood pressure readings, creating **extreme distress and a deep violation of my human rights**.

A period later, a **hospital orderly checked if I was awake**, followed by a **nurse named Amal (SUBAGUTS.SM.IAS unit)** and another assistant. They **forced me to take 10 mg of Olanzapine**, claiming it was necessary. They partially unfastened my restraints for "comfort," then left me alone again, without any **psychological evaluation** to determine if the restraint was justified.

As my distress intensified, I **screamed for relief**. The **same orderlies returned, and instead of assisting me, they fully restrained me again** under the pretext of my agitation. One of them reacted to **a minor accidental scratch** by **tightening my restraints further**, increasing my suffering. Hours later, I begged for an anxiolytic, receiving a liquid—likely **Clonazepam**.

At midnight, I was transferred to the **AGUTS.SM.IAS unit**, where I **remained mechanically restrained overnight**, experiencing **one of the worst nights of my life**. The next day, I was moved to a less restrictive unit. If I were genuinely dangerous, why was I suddenly placed in a **less secure unit**? This question remains unanswered.

5.4 Conclusion

The described events may constitute **violations of Article 3 of the European Convention on Human Rights**, which prohibits **torture and inhuman or degrading treatment**, and **Articles 1 and 4 of the Charter of Fundamental Rights of the European Union**.

»The summary of this entire experience can be encapsulated in a single word: **terror**. For this reason, I provide the most exhaustive description possible, as I can still vividly recall the events to this day.

This testimony is presented as supporting evidence in the formal complaint.

Sincerely,
Joan Balaguer Ardanuy
European Union Citizen
Carrer Amadeu Vives 11, B4. 17300, Blanes.
Països Catalans
joan.balaguer.ardanuy@gmail.com
0034633582710