The ‘Tsunami’ decide asks the Supreme Court to analyze Puigdemont for terrorism | EUROtoday

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  • Justice The prosecutor denies that Tsunami is terrorism and affirms that “no conjecture can be established” about Puigdemont’s intervention
  • Courts The decide investigating ‘Tsunami’ prices Puigdemont and Marta Rovira with “terrorism” and the Prosecutor’s Office will enchantment as a result of he solely sees “disorders”

The investigating decide Tsunami Democrtic This Tuesday, he requested the Supreme Court to analyze Carles Puigdemont for terrorism. In addition to the previous president of the Generalitat, the decide of the National Court Manuel García-Castelln requests the High Court to additionally examine ERC chief Marta Rovira and 10 different folks.

In his reasoned presentation, the Justice of the Peace factors out that to make clear the info it’s essential to “practice investigative procedures” that he can’t perform himself as a result of each Puigdemont and the Parliament deputy are registered earlier than the Supreme Court. Rubn Wagensberg.

The High Court, via an Admission Chamber chaired by the Justice of the Peace Manuel Marchenawill now have to look at the 100 pages of reasoned exposition and resolve if there may be adequate foundation to tackle the case or, quite the opposite, return it to the teacher contemplating that there is no such thing as a crime or that there’s a lack of proceedings.

If it’s lastly declared competent, when the Amnesty Law comes into drive the Supreme Court should rule on each the investigation of the processes opened in 2017 as about this new reason for Tsunami. The possibility of amnesty for an alleged crime of terrorism, a matter particularly regulated by the European Union, would reinforce the choice of consulting with the EU Court of Justice earlier than making use of the rule. The request to ship the process to the Supreme Court that the decide is now dealing with had been raised by Dignity and Justice, which workouts fashionable accusation.

The letter despatched by García Castelln to the Supreme Court signifies that the previous president He can be positioned on the highest level of the Tsunami group, highlighting his “position of unquestionable authority” for having been on the head of the Generalitat and being the “leader from Brussels” of the independence motion.

Evidence towards the previous president

As the decide explains, there are indications that enable us to deduce his participation “in the birth and planning” of the Tsunami actions. “It is not about imputing any suspicion or conjecture. There are ‘founded and serious’ indications of the commission of criminal acts that could be classified as terrorist actions.”

Among these indications are messages exchanged between these investigated, wherein they discuss reporting “directly” to the previous president of the start-up of Tsunami. In them, says the decide, it’s confirmed that those that had “prior knowledge” of the actions of Tsunami “with complete accuracy” to the pinnacle of Puigdemont’s workplace, the particular person below investigation Josep Llus Alayof what the platform was going to do days later.

Other messages point out that essentially the most handy date for the general public launch of the platform was consulted with Puigdemont.

The agenda seized from Alay in regards to the former’s day-to-day life president It additionally serves to assist the accusation. It would replicate Puigdemont’s attendance at a key assembly in Geneva wherein related choices on Tsunami.

Finally, Puigdemont’s supposed “leadership” can be deduced from a dialog with one other defendant wherein he discusses the perspective of Catalan political leaders in direction of the sentence of the processes. “We are trying to get the Government to step up,” Puigdemont writes to his interlocutor.

More than issues

In his reasoned assertion, the decide considers that what occurred, “due to its complexity”, may fall below varied crimes, together with “acts of terrorism in the sense provided for by European Union Law.”

Once sedition has been dominated out as a result of it has been repealed, step one can be to look at whether or not it was a criminal offense of public dysfunction, which can be dominated out on account of “the seriousness” of what occurred. “As can be seen from the initial examination of the facts, we are faced with an organization structured […] constituted with the purpose of committing terrorist actions,” he states.

In any case, even when they weren’t thought of terrorists, the acts can be felony and it might be as much as the Supreme Court to analyze the accused. “Even adopting the accusation thesis most favorable to those investigated, such as that defended by the Prosecutor’s Office, the facts would be, without a doubt, criminal. Thus, the Prosecutor’s Office maintains, at the very least, the existence of a factual substratum subsumable in the commission of the crime of public disorder,” says the decide, referring to the enchantment by the prosecutor of the case towards the order that imputed terrorism to these investigated who weren’t licensed.

The head of the Central Court of Instruction Six critiques the actions which can be attributed to Tsunami Democrtic in response to the ruling of the Supreme Court within the trial of the proceedings, equivalent to the overall strike of October 18, 2019, the try to have an effect on the overall elections in November or the blockade of essential State or European Infrastructures because the actions taken carried out on the Barcelona-El Prat airport and the Enaire management tower in Barcelona

In relation to the latter, the Justice of the Peace highlights the “strategic importance of this objective, and the serious consequences that the success of the intended action could have had for the security of national and international air traffic. If TD had achieved its objective of preventing the change of shift of the facility’s air controllers, this would not only have caused economic damage, but could have had a catastrophic result with unforeseeable consequences for the people who at that moment were in flight on board the aircraft in the target area. of control, with the obvious risk and danger to their lives.

Injuries and economic damages

For the judge, “the influence of the incidents on “people’s lives and integrity cannot be minimized.” He highlights {that a} French citizen died – from a coronary heart assault – and sees it essential to seek out out if what was occurring at the moment may have contributed to the loss of life. “In other words, it would be about ruling out that the death (…) could have been avoided.”

The riots, he continued, lasted till the early hours of the fifteenth “with the result of multiple injuries,” together with civilians and brokers of the Security Forces. For this cause, the Justice of the Peace considers that the investigation should make clear who have been injured and whether or not the accidents are attributable to these investigated.

In addition to the accidents, financial damages are added: “Not only were damages caused to people, but, in addition, significant economic damages were caused that the investigation must specify if they are objectively attributable to those responsible for the organization.”

The decide provides {that a} latest report despatched by the Mossos d’Esquadra displays the violence of the incidents in El Prat. “There is talk of the use of large stones from removing the marble and granite from the ground and having sharp edges; 2 m long iron from the building’s fencing; glass from breaking the building’s structures; pyrotechnics from great power, empty fire extinguishers, luggage carts, wood, glass, fences, pallets, metal pieces, etc. There is also talk of a kind of projectile with which metal pieces were launched, a kind of slingshot with which an agent would have been injured. “.

In Switzerland and Belgium

In the account of the occasions, the Justice of the Peace remembers that the assailants “accessed the boarding area, managed to settle in front of the boarding doors to access the planes, preventing passengers from accessing them, and managed to block the tower of El Prat air control” and that with their motion “they endangered the security of the airport and national and international air traffic.”

Finally, García-Castellán analyzes the acts dedicated in mild of the worldwide conventions for the repression of unlawful acts towards the protection of civil aviation. He concludes that “given that several of those investigated in this procedure are outside of Spain, specifically in Switzerland and Belgium, countries that have signed the aforementioned Conventions […] In the event that the prosecution of these events cannot take place in Spain, the possibility of prosecuting the serious events that occurred on 10/14/2019 at the El Prat airport, in one of said countries, could be saved, if use is made. of the appropriate judicial cooperation mechanisms by the Second Chamber”.

While the decide of Tsunami despatched the matter to the Supreme Court, the Chamber that critiques its actions decides to open a authorities file to confirm if Garca-Castelln He acted appropriately when he flatly rejected, via an order, the problem that a type of investigated had offered towards him. The president of the Criminal Chamber of the National Court, Alfonso Guevara, signifies in its decision that it’s the Chamber, not the teacher, who should rule on incidents of recusal. Guevara has requested the teacher to ship him the documentation on the matter.

Only in distinctive instances can the challenged particular person file the request and proceed with the case – for instance, sending it to the Supreme Court – as a substitute of suspending the proceedings whereas ready for a courtroom to rule on the problem. The investigator Oleguer Serra requested that García Castellón go away Tsunami on account of his statements in regards to the Amnesty Law at a convention.