The battle of the rights against the pardons for the prisoners of the procés has not ended, despite the Supreme Court’s rejection of the appeals filed by the PP, Vox and Ciudadanos, among others, against the grace measure approved by the coalition government. The three parties have announced that they will appeal again to the Supreme Court itself and, if their allegations are rejected, they will go to the Constitutional Court to try to reverse the release of Oriol Junqueras and other Catalan politicians convicted by the 1-O referendum.
Who can appeal a pardon? The doctrine of the Supreme closes the way to PP and Vox
In statements to the media, the Secretary of Justice of the PP, Enrique López, said he felt “embarrassed” by the resolution adopted by the Supreme Court and highlighted that the lack of legitimacy wielded by the high court, in a decision adopted by three votes in favor and two against, he does not put a but to the political criticism of acts “as aberrant” as the pardon granted to “some criminals against the unanimous criterion” of the Second Chamber of the Supreme Court.
“We respect the judicial decisions, but we do not share the decision of the Third Chamber to reject our appeal against the Government’s resolution to pardon the prisoners sentenced by the Supreme Court for lack of legitimacy. For this reason, we announce that we will challenge the decision before the Chamber itself Third of the Supreme Court and, later, we will appeal for protection before the Constitutional Court,” concluded López.
Vox has also announced that it will appeal the ruling communicated this Thursday. In the case of the ultra party, they have recalled that they were part of the legal case brought against the leaders of the procés as a popular accusation. “Our position is not the same as that of the rest of the parties,” said the leader Macarena Olona on her Twitter account. “Yes, we have legitimacy,” adds the party’s account on the same social network. They will also reach the Constitutional Court if the Supreme Court does not review its decision.
Citizens have expressed themselves in similar terms. His deputy spokesperson in Congress, Edmundo Bal, has said he does not share the resolution. “We continue to think that these pardons are contrary to the rule of law and equality among Spaniards. We will go to the TC to protect us until the end,” he pointed out.
The Supreme Court has communicated this Thursday its decision to reject all the appeals filed against the pardons of the independence leaders convicted by the Catalan procés. The judges of the Third Chamber have estimated the allegations of the State Attorney and understand that no appellant was entitled to question the grace measure: neither representatives of PP, Vox and Ciudadanos nor an association nor finally Catalan Civic Coexistence.
In a statement, the Supreme Court explains that the contentious chamber has today studied these allegations from the State Attorney’s Office and has decided, by majority, to agree with him and understand that none of the appellants had legal authorization to appeal the pardons. “The Chamber has decided by majority to uphold the aforementioned previous allegations in relation to the lack of active legitimacy in each and every one of the appeals filed,” the statement explains. The complete records, with the arguments of the magistrates, will be known in the coming days, but the decision of this contentious section has not been unanimous.
The Government granted pardons to the procés prisoners sentenced to prison terms last june. The Supreme Court imposed sentences of disqualification on three of the politicians prosecuted for a crime of disobedience and sentences of up to 13 years in prison for the rest, in the case of Oriol Junqueras, for sedition and embezzlement of public funds. Recently the Constitutional Court has endorsed most of the sentences of the independence leaders.