The prison surveillance judge has decided to maintain the third degree for the seven independence leaders who were imprisoned in the Lledoners prison. Oriol Junqueras, Jordi Sánchez, Jordi Turull, Raül Romeva, Josep Rull and Jordi Cuixart will remain, for the moment, in a semi-release regime until the appeal presented by the Prosecutor’s Office is resolved.
This decision comes a day after Barcelona’s vigilance court number 1 agreed to maintain the semi-release regime for former councilwoman Dolors Bassa and former president of the Parliament Carme Forcadell that the Generalitat granted before the 14F elections.
The court has not yet ruled on the appeal that concerns the former Interior Minister Joaquim Forn, although according to legal sources it is foreseeable that he will adopt a decision identical to that of the rest of the Lledoners prisoners, since he should only enter to assess the suspension and not the bottom line.
In this way, the pro-independence leaders convicted of sedition will be able to continue in semi-release – which allows them to leave jail daily and return alone to sleep, from Monday to Thursday – while waiting for the respective surveillance courts to decide on the merits. of the appeals presented by the public prosecutor against their classification.
In its six proceedings, with the same argument and which can be appealed, the judge – who is acting as a substitute in the surveillance court number 5 of Catalonia – thus distances himself from the decision of the holder , who last July decided to suspend the third degree of the Lledoners inmates, despite endorsing their concession, waiting for the Supreme Court to rule.
(ID) The former president of the Parliament, Carme Forcadell, and the former councilwoman Dolors Bassa, during an electoral act on feminism in Plaça Sant Jaume in Barcelona, Catalunya (Spain) on February 3, 2021.
The judge keeps Bassa and Forcadell semi-released for the moment
On this occasion, Magistrate Mariano David García has chosen to make a restrictive interpretation of an article of the Organic Law of the Judiciary that, according to the Prosecutor’s Office, would force the automatic suspension of the third degree of penitentiary when it has been appealed.
In the judge’s opinion, the public prosecutor’s argument “clashes with the interpretation that must be given to norms that, ultimately, affect fundamental rights.”
The legal precept under discussion is the fifth provision of the Organic Law of the Judiciary, which establishes that appeals against decisions of prison classification that imply a release from prison have suspensive effects, in cases of serious crimes, to prevent this “from occurring without the intervention of the court “.
For the magistrate, this suspensive effect should only be applied in cases in which judicial, non-administrative decisions are challenged, that is, when the surveillance judge has agreed to grant a third degree when estimating the appeal of an inmate.
“The appropriate thing is to make a more considered interpretation and according to the effectiveness and essence of the same”
“It cannot be ignored that the interpretation of the procedural norm that is made directly affects fundamental rights , so the appropriate thing is to make a more considered interpretation and in accordance with the effectiveness and essence of the same”, adds the magistrate .
The order, however, recalls that the Prosecutor’s Office has the possibility of presenting an “incident” during the processing of the appeal that allows suspending the administrative resolution that agreed to the semi-release, but “not through the controversial additional provision number 5 of the Organic law of judicial power”.
In this sense, the judge reasons that the law that regulates contentious jurisdiction foresees suspending a contested administrative resolution , only when it may cause damages of “impossible or difficult reparation” or there is a risk that the appeal presented loses its purpose.
On January 28, the Generalitat again granted the imprisoned politicians the third degree that the Supreme Court had revoked in December, which allowed them to participate in the 14F campaign, although the Prosecutor’s Office appealed it the day after the elections, claiming that The procés sentence was being emptied of content.
With this, the independence prisoners will continue with the third degree, which will allow them to get out of jail daily and they will only have to go to sleep in the penitentiary from Monday to Thursday. Even so, it is a temporary semi-release pending the resolution of the appeal of the Prosecutor’s Office.
The Lledoners jail has received the notification from the magistrates this morning, which has justified that the precautionary suspension of the third degree cannot be applied at this procedural moment .