Wednesday, July 6

The PP seeks arguments so that its appeal to pardons does not fail while Vox and Ciudadanos take the lead

The Popular Party wants to prepare well the resources against the nine pardons to the independence leaders granted on Tuesday by the Government. The management of Pablo Casado is trying to find the arguments that legitimize this action before the courts given that, according to the jurisprudence of the Supreme Court, the resources would have many difficulties to be able to prosper.

The rights cling to some dubious judicial resources as the last way to annul the pardons

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The current president of the High Court and of the General Council of the Judicial Power (CGPJ), the conservative Carlos Lesmes, wrote in a 2013 order that the deputies and senators representing parties were not entitled to ask the Supreme Court to revoke a pardon from the Government. Unlike criminal cases, the contentious-administrative jurisdiction, before which government acts such as pardoning the prisoners of the you processIt is very restrictive when it comes to allowing political parties to appear.

The most common is that the pardon is appealed by the victim of the crime, so Casado and his team have spent days looking for reasons to present themselves as one of those affected parties. That is the reason why the formation has lagged behind when it comes to going to court, compared to the other two rights of Vox and Ciudadanos – with which it shares an offensive against pardons and has fought for years for the same electorate – who presented their respective appeals this Thursday, less than 48 hours after the Executive approved the grace measure.

The main leaders of the PP have offered in recent days different versions to justify themselves as victims of these pardons. On Tuesday, Casado announced that he was going to request “legitimacy” to present his appeal, understanding that he himself is an “affected party.” His argument was based on the fact that a judge, following a report by the Civil Guard, took a statement from some members of the Committees for the Defense of the Republic (CDR) – groups of pro-independence activists – that, according to the leader of the PP, ” they acknowledged that they were investigating people from the Popular Party, “like Casado himself, to” attack. ”

Married: “We were on the CDR listings”

“I think that in this case we can say that if the CDRs are the continuation of October 1, if they are those to whom Mr. Torra said ‘keep pressing’, and they are those who reported their actions to the President of the Generalitat, to the what they nicknamed Gandalf, we can say that we are a harmed party, “said the leader of the PP in an interview in Zero Wave. “We are affected and I personally because we knew that we were on the CDR lists to attack us,” insisted the president of the popular this Thursday during a press conference in Brussels, where he traveled to question the pardons before his ideological partners in the countries of the European Union.

Casado’s interpretation clashes with the fact that he speaks of two different causes: that of the leaders of the you process It was tried in the Supreme Court and the PP did not even exercise the popular accusation, which was in the hands of Vox, while the CDR case is still in the investigation phase in the National Court and there is no date for the trial. The popular ones are not involved in the cause of the CDRs today, although they are studying it, according to the PP spokesperson in Congress, Cuca Gamarra, assured on Tuesday.

In addition, in the report cited by Casado, the Civil Guard limits itself to attributing to one of the CDR investigated internet searches on the leader of the PP and other anti-independence politicians, such as Manuel Valls. The Armed Institute points out as a possibility that the searches “would have as their objective the possible realization of an action against said persons”, but no plan or document was found in the homes of the investigated CDRs that went beyond the aforementioned searches of the characters In Internet. All those investigated in the case remain at large after the National Court itself cast doubt on the terrorist nature of the group maintained by the investigating judge and the Civil Guard.

Another version to justify the appeal against pardons is the one offered this Thursday by the general secretary of the PP, Teodoro García Egea. According to him, “on a personal level Pablo Casado will file an appeal” and, on the other hand, “as a party” the PP “will also act to the same extent.” “We are going to try to find all the formulas to legitimize the appeal against pardons to present it to the Third Chamber of the Supreme Court,” he insisted in an interview on Telecinco.

García Egea: “We were part of the process through the Government of Rajoy”

His thesis is that it was the PP who “brought the independentistas to the Supreme Court” from the Government of Mariano Rajoy. García Egea thus tries to equate the party with the Executive. “The State Attorney General’s Office was the one that acted against the independentistas and thanks to that action of the Government these gentlemen went to jail. Therefore, the PP was part of the process through the Government of Mariano Rajoy and the measures that were they took at the time as 155 “, said this Thursday the number two’ of the PP. However, for García Egea the PP “feels legitimized” as a “political party that defends the constitutional order”, but also as an “affected party” in the case of Casado.

Sources of the national leadership of the PP consulted by do not dare to set a date for the presentation of said resources. “The first thing is to present the legitimation,” they explain, something that will not happen foreseeably until next week. This Friday Casado will hold a meeting with the party’s legal team in search of those arguments. The meeting will be attended by the secretary of Justice of the popular, the also Minister of Justice and Interior of the Community of Madrid, Enrique López, Senator Fernando de Rosa and Deputy Luis Santamaría.

Genoa 13 thus assumes that its two great rivals on the right –Vox and Ciudadanos– have taken the lead on the PP by presenting their resources this Thursday and staging that performance at the doors of the Supreme Court.

Citizens and the “abuse” of their rights

Precisely to shore up its legitimacy and prevent the Supreme Court from denying its appeal for processing, Ciudadanos has not challenged the pardons as a political party. Their president, Inés Arrimadas, and the now also deputies in Congress, José María Espejo and Carlos Carrizosa, have chosen to carry out this action. The three had a seat in the Parliament in 2017 when the laws of the referendum and legal transience were approved before the October 1 consultation, for which they suffered an “outrage” of their rights, according to the resources, to which has had access.

In its writings, Ciudadanos cites the rulings of the Constitutional Court that annulled both laws, understanding that they incurred “very serious bankruptcies in the legislative procedure” and affected “the formation of the will of the chamber, the rights of minorities and the rights of of all citizens to participate in public affairs through representatives. ”

“If the pardon extinguishes the penalty for crimes committed violating the fundamental rights of my clients, their legality is not irrelevant because their fundamental rights are also at stake,” argue the appeals, which have been admitted for processing. ex officio. In the orders, to which Europa Press has had access, the Ministry of Justice is requested to send the pardon files to the Chamber within a “non-extendable period” of 20 days. It is an automatic procedure, which does not advance any decision on the merits of the matter or on the standing to appeal, matters that will be resolved later.

“It is not a party that claims active legitimation, but the people whose rights are affected by a judicial process or the sentence that puts an end to it. This appeal is presented by three deputies of Citizens in Parliament present in the events of 2017. For Therefore, they have legitimacy, from the moment the sedition was possible thanks to the violation of their fundamental rights as representatives of the citizens in the Parliament of Catalonia, “say sources from the Arrimadas party, who assure that the Supreme Court ruling that condemned to the leaders of the you process was very clear when saying that “sedition would not have been possible without the illegal laws passed in Parliament that the Catalan government used to violate rights”.

Vox and the popular accusation

Vox, for its part, justifies its legitimacy to challenge the pardons for its intervention “in the criminal process as a popular accusation, formulating the qualification letter in which the criminal action was exercised.” However, it is not the same to exercise the popular accusation in a criminal case than to have “active standing”, that is, the ability to be a party in a contentious case in order, in this case, to be able to appeal the Government’s decision to grant this measure. of grace.

Legal sources agree that despite having exercised popular action, the far-right party is not benefited or harmed by the pardon, contrary to what would happen with a victim of the crime exercised by the private prosecution. Another element to take into account regarding the legitimacy of Vox in its challenge to the pardons is that the Criminal Chamber itself denied it the possibility of informing about its concession. He argued that the pardon law does not provide for the opinion of the popular prosecution, but only that of the Prosecutor’s Office and that of the prosecution harmed by the crime, which in the case of the you process it was the State Attorney for the crime of embezzlement. Legal sources argue that if Vox has not been heard in the proceedings for the pardon, now it cannot appeal it either. In any case, it will be the Contentious-Administrative Chamber of the Supreme Court that will have the last word.