The Superior Court of Catalonia postpones the trial of ERC prices for 1-O in order to not intrude within the elections | Elections in Catalonia 12-M | EUROtoday

The Superior Court of Justice of Catalonia (TSJC) has postponed the trial for the preparations of the first of the previous excessive officers of ERC Josep Maria Jové, Lluís Salvadó and Natàlia Garriga, to keep away from “interference” with the autonomous elections of the twelfth M, however has refused to droop it for the processing of the amnesty. In an order, the civil and prison court docket of the TSJC has agreed to postpone the trial, whose begin was scheduled for subsequent April 10, of the ex-charges of ERC within the Government in 2017 Josep Maria Jové, present president of the republican group within the Parliament; and Lluis Salvadó, present president of the Port of Barcelona, ​​accused of embezzlement, prevarication and disobedience. Natàlia Garriga, present Minister of Culture, was additionally cited in her case for disobedience.

The chamber, headed by the president of the TSJC, Jesús María Barrientos, concludes that the postponement of the trial, which was scheduled to happen between April 10 and May 29, represents a “legitimate purpose,” because it avoids “all interference.” or “take advantage” of it throughout the electoral marketing campaign and doesn’t have an effect on the procedural rights of the events. In its decision, the Catalan excessive court docket instructs the lawyer for the administration of justice to reschedule the trial periods, ranging from a date but to be decided, however which, because the preliminary calendar is postponed, might coincide with the ultimate approval of the regulation. amnesty, scheduled for the tip of May.

On the opposite, the court docket, in accordance with the factors of the Prosecutor's Office, refuses to droop the trial as a result of processing of the amnesty regulation within the Cortes, because it understands that “today” this regulation can’t be taken under consideration as a “true fact with the capacity to interfere or alter” the course of a listening to already convened. The TSJC emphasizes on this sense that they can’t acknowledge “any effect” to parliamentary initiatives till they’ve accomplished “all the phases for their approval.” The protection requested the suspension of the trial as a result of “imminent” approval of the amnesty regulation, though each the Prosecutor's Office and the State Attorney's Office opposed it, though neither celebration rejected the proposal that the TSJC despatched them to postpone the listening to. to keep away from it coinciding with the electoral marketing campaign.

In its order, the TSJC highlights that Jové is a deputy for ERC and that Garriga is a Minister of Culture in a Government of this identical celebration, whereas Vox, which workout routines the favored accusation, additionally has “interests” within the electoral contest of 12- M. The excessive court docket remembers that when it proposed suspending the trial it already identified the necessity to keep away from “reciprocal interference” between the democratic electoral course of and the “necessary calm” that should preside over the trial. In this sense, it emphasizes that each one events have agreed on the “desirability” of avoiding the overlap of the trial and the electoral marketing campaign, which is why it concludes that its postponement represents a “legitimate purpose” to keep away from interference.

Regarding the amnesty regulation, the court docket highlights that the Prosecutor's Office has harassed {that a} parliamentary process shouldn’t be included in any of the explanations offered by regulation for suspending a trial. For this cause, the TSJC concludes that “certainly” the amnesty regulation can’t be taken under consideration, “today”, as a “true fact” with the capability to intrude or alter the course of a trial already known as at first. and growth. For the TSJC, “only” the eventual promulgation and publication of the regulation would legitimize them to mission the results of the amnesty on this case. However, on the present time, the TSJC factors out that “the full respect and maximum consideration” that the parliamentary chambers deserve prevents them from “recognizing any effect” to the legislative initiatives till they’ve accomplished all of the phases for his or her approval, together with the sanction, promulgation and publication of the definitively authorised textual content.

The Prosecutor's Office requests seven years in jail for Jové and 6 years and three months for Salvadó, by making use of the aggravated modality of embezzlement, along with prevarication and disobedience, for organizing the 1-O. For Garriga, he requests a yr of disqualification for a criminal offense of great disobedience.