Quite apart that over the last 100 years Spain settled hundreds of thousands of spanish settlers in occupied Catalunya to "dilute" Catalan nation; overwhelming majority of Catalans who voted, and in face of para-military police repression, voted for independence. The non-voting, particularly on the part of spanish settlers or their descendants, cannot be reasonably held up as a "no" vote.
Nor can judicial dictat or laws of an occupying power be considered "rule of law" in occupied Catalunya; a rule of law that the Catalans are somehow guilty of defying; anymore than laws or judges of United States could be considered valid expression of democracy or rule of law, should USA decide to occupy Canada.
Catalans are a nation that deserves independence. Spain today is a pariah state on part with Russia or Tibet-occupying China.