The president of ERC and former vice president of the Generalitat, Oriol Junqueras, and former councilors Raül Romeva and Dolors Bassa have asked to recuse two of the new magistrates of the Constitutional Court, Concepción Espejel and Enrique Arnaldo. The objective of the ERC politicians is that both refrain from participating in the sentence that the court of guarantees has yet to issue on their appeal against the sentence imposed by the Supreme Court.
Before its renewal, the Constitutional Court had already resolved the appeals for amparo on the sentence of the process of nine of the twelve convicted by the Supreme Court. The cases of Oriol Junqueras and the former councilors Raül Romeva and Dolors Bassa, all of them from ERC, remain pending sentence. The Constitutional ruling is essential for them to take the case before the European Court of Human Rights (ECHR), as the other convicts have done.
In their writings, ERC politicians argue that Arnaldo and Espejel have a “clear predisposition or prejudice in favor of the theses defended by the accusations” that, according to the pro-independence leaders, show “both their public statements and their personal relationships and ideological affinity. “, in reference to its proximity to the PP.
For ERC politicians, both magistrates suffer from a “lack of impartiality” to review the case of the procés. Nor do they have, in his opinion, the requirements of not having “any particular interest” in the development of the lawsuit, or “prejudging” in advance its outcome based on personal positions.
It is worth mentioning that ERC politicians have not challenged the recently elected Constitutional Magistrate Ramón Sáez, speaker of the sentence that acquitted Major Trapero at the National High Court, in which Espejel signed a harsh private vote in favor of the conviction for sedition.
Both Carles Puigdemont and those convicted by the Supreme Court and later pardoned had already promoted the recusal of two Constitutional magistrates who had pronounced themselves in public acts on the process with the aim that, if rejected, it would serve as an argument for a conviction of the ECHR to Spain. Finally, justices Cándido Conde-Pumpido and Antonio Narváez abstained from the sentences that endorsed the instruction, trial, and conviction of the Supreme Court, with the private vote of progressive magistrates Juan Antonio Xiol and María Luisa Balaguer, who considered the penalties to be disproportionate. jail.