Monday, October 25

The Supreme Court plans to report on the pardons of the ‘procés’ at the end of the week




With the new Government of the Generalitat now formed with the alliance of ERC and Junts, and Pere Aragonès as the new president, The shadow of the pardons to the prisoners of the ‘procés’ returns to plan on the Executive of Pedro Sánchez. As ABC has learned from Supreme Court sources, the magistrates who tried the pro-independence leaders plan to report on the granting of this grace measure at the end of this week, with which, once this process is completed, it will be the central government that manage the times. For now the head of Justice, Juan Carlos Campo, will have to make a proposal on each one of the files and take it to the Council of Ministers, who will have the last word on your award.

Campo himself seems to be aware of the political storm that is coming and this morning he asked for “serenity” around this matter, but at the same time he left the door open for the Executive to grant this measure of grace to those convicted of sedition.. «It is an instrument provided for in the law that must be seen naturally, be it favorable or unfavorable, total or partial“Said Campo during his speech at an informative breakfast at the Nueva Economía Forum. The minister maintained that “it would be irresponsible »to make a statement at this time, before the Supreme Court has issued the last report with which the legally foreseen procedures would be completed. He also recalled that there is no room for collective pardons and that the files and the reports that accompany them have to be studied “individually.”

During his speech, Campo also referred to the inauguration of the new president of the Generalitat, Pere Aragonès, to whom he asked for a “vision of the State” and that his management “allow to reduce political tension.” Faced with a possible reissue of the ‘procés’ – “I will complete the independence of Catalonia,” the replacement for Torra proclaimed in the Plenary of Parliament last Thursday – the minister recalled that political proposals must be made within the “constitutional order.”

Far from standing up to the new secessionist roadmap that the new regional government does not hide, the Executive of Sánchez would be willing at this time to reduce tension in Catalonia by pardoning those convicted of sedition part of the sentence that remains to be fulfilled. It would be a gesture of “goodwill” that cannot be separated from the need for the central government to continue to have the support of ERC at a particularly difficult time, in which the polls give the absolute majority to the sum of PP and Vox.

“Justice and equity”

However, for the Executive it will have a political cost having to explain to the public opinion a new rectification of the president Sánchez, who just a year and a half ago guaranteed that the “procés” prisoners would fully serve their sentences. «Compliance with the sentence means its fulfillment; I reiterate, its full compliance (…) No one is above the law, “said the chief executive at a press conference at the Palacio de La Moncloa.

Nor will it be easy for the Executive to explain the timing of the measure, which must respond to “reasons of justice and equity.”The Prosecutor’s Office has already made it clear in its reports on the pardons of December 22 that it does not see either one or the other, and rejected that “political motivations or derived from political agreements “may” serve to adapt the penalties generally provided by the legislator to the specific case. ” «Exempt from responsibility, by this means of pardon, those who, using the public functions of government have seriously broken the laws through the execution of extraordinarily serious criminal behavior (…), in addition to emptying the content of the jurisdictional function and compliance with the judgments, it represents an inadmissible bankruptcy in terms of democratic legality of the principle of equality before the law by unjustifiably and arbitrarily privileging the unfair and corrupt ruler, “he said. then the Public Ministry.

More of the same is expected from the Supreme Court’s report: the rejection of his concession, in coherence with the arguments he used to revoke the third degree with which the Generalitat gave to the prisoners of the procés at the gates of the electoral campaign of last February 14. For the High Court, those convicted of sedition “dynamited democratic coexistence”, and whatever it is to release them at this time is premature.

As reported by ABC, 98 percent of the pardons granted in 2018 and 2019 the files had at least one favorable report from the sentencing court or the Public Prosecutor’s Office, and in 69 percent, with both. Last year no pardon was granted with the court and prosecutor against it. The PP has already announced that if the Government grants them, it will appeal to the Third Chamber of the Supreme Court.

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