The Prosecutor's Office asks the Supreme Court to amnesty the 'procés' and the Tsunami case opened for terrorism in opposition to Puigdemont | Spain | EUROtoday

Get real time updates directly on you device, subscribe now.

The Prosecutor's Office has requested the Supreme Court to use the amnesty regulation to the pro-independence leaders prosecuted within the three proceedings that this judicial physique has open in relation to the course of independence of Catalonia. The public ministry understands that the crimes of disobedience and embezzlement which can be attributed to the primary pro-independence leaders – amongst them, the previous president of the Generalitat Carles Puigdemont; the final secretary of ERC, Marta Rovira; and the previous Catalan vp and president of ERC, Oriol Junqueras— match inside the provisions of the grace measure, and that it additionally covers the crime of terrorism for which Puigdemont is being investigated within the Tsunami case. Furthermore, the Prosecutor's Office interprets that the pursuits of the European Union haven’t been affected, so it isn’t doable to maintain the case alive as a result of diversion of public funds.

The public ministry thus responds to the questions that the Criminal Chamber and the investigating decide of the course of, Pablo Llarena, requested the events final week to get their opinion earlier than deciding the way to apply the amnesty in every of the three open instances: the process being adopted in opposition to Carles Puigdemont, Toni Comín, Lluís Puig and Marta Rovira, the 4 defendants who’re fleeing from justice; the case already tried and sentenced for which Oriol Junqueras and three different former Catalan councilors proceed to serve a sentence of disqualification for embezzlement; and the Tsunami Democràtic investigation, wherein Puigdemont is being investigated for terrorism. For his half, Llarena should additionally determine whether or not or not he routinely lifts the arrest warrants in opposition to the escapees.

The deadline to current the briefs ended this Wednesday, simply in the future after the Board of Court Prosecutors met to debate this situation. The 4 prosecutors who’ve led the prosecution for the course of within the Supreme Court since 2017 they opposed amnesty for the crime of embezzlement, opposite to what was indicated by the State Attorney General, Álvaro García Ortiz. Finally, by a really slim majority (19 votes in favor, 17 in opposition to and one abstention), the fiscal management endorsed the thesis of the top of the Prosecutor's Office, which defends that mentioned conduct of diversion of public funds must be forgiven as a result of it didn’t exist ” personal enrichment of a patrimonial nature”, the only case that is excluded from the amnesty law.

After the four prosecutors facing García Ortiz withdrew from the case on Tuesday to avoid having to assume that criterion, the writings sent to the Supreme Court are signed by the lieutenant prosecutor of the Supreme Court, Ángeles Sánchez-Conde (number two of the Attorney General's Office of the State), and the chief criminal prosecutor of the Prosecutor's Office of the same judicial body, Joaquín Sánchez-Covisa, who were appointed by García Ortiz.

Before entering into the substance of the matter, the two new prosecutors in the case emphasize that the entry into force of the amnesty law does not mean that “the reality of the facts” for which some leaders were prosecuted are called into question. or condemned. Furthermore, they emphasize that the application of a pardon to certain crimes, “by decision of the legislator,” does not in any case mean “calling into question the legitimacy of the sentences or that of the judges and courts that issued them.”

Once this point has been clarified, the Prosecutor's Office points out that there is not much to discuss about the forgiveness of the crime of disobedience that the Catalan authorities committed by ignoring the successive requirements of the Constitutional Court before the approval of the so-called disconnection laws and the illegal referendum of October 1, 2017. The purpose of failing to comply with said court orders, the tax report says, was “to achieve the calling and holding of the independence referendum.” For this reason, he understands that it fits into the amnesty and asks to erase this crime for both Puigdemont, Comín, Puig and Rovira as well as for former counselor Clara Ponsatí (also on the run until she returned to Spain a year ago) and Junqueras; as well as for the pardoned former councilors Raül Romeva, Jordi Turull and Dolors Bassa.

What affects the most is what happens closest. So you don't miss anything, subscribe.


Enrichment is a “plus”

Prosecutors have used a similar argument when addressing embezzlement, a crime for which the escaped independence leaders are being prosecuted and for which Junqueras, Romeva, Turull and Bassa were convicted. The representatives of the Public Ministry point out that this crime must also be amnestied “by authorized crucial”, since the amnesty law establishes that the diversion of public funds from the process “as long as there has been no purpose of enrichment”, understood as “personal benefit of a patrimonial nature”.

The Prosecutor's Office points out that this “purpose of enrichment” or “desire to obtain a personal financial benefit” is the “plus” that, according to the law, the diversion of public funds must have to be outside the umbrella of the amnesty, and interprets that in this case said plus is not appreciated.

On the other hand, the two Supreme Court prosecutors argue that the embezzlement is also amnestiable because in the entire case there is “no allusion or reference to the truth that there was a direct or oblique influence on the monetary pursuits of the European Union.” And they add that the funds diverted to promote the independence challenge abroad were not European funds. “From the point of view of income, it can be stated that the Union budget did not suffer any impact,” the writings say.

There is no violation of human rights

Finally, and in a third letter, Lieutenant Prosecutor Sánchez-Conde requests amnesty for the crime of terrorism for which Puigdemont, the ERC deputy in Parliament Ruben Wagensberg and ten other people allegedly linked to the independence platform Tsunami are being investigated. Democratic. The number two of the Prosecutor's Office assures that the demonstrations, many of them violent, organized by Tsunami after the sentencing of the process, in October 2019, they fit the law, so the case must end up being archived.

Following the wording of the norm, the prosecutor affirms that those riots meet the requirements to be amnestied, because they did not “intentionally” cause any “serious” violation of human rights, regulated by the European Convention on Human Rights and the International law, and that none of the defendants can be accused of conduct related to “death, abortion or torture or human or degrading treatment.”

Subscribe to proceed studying

Read with out limits