Judge Polo debates whether to consult Europe on whether terrorism is amnestiable or leave it in the hands of Pumpido

The judge of the Criminal Chamber of the Supreme Court Susana Polo must decide in the next few days whether or not the amnesty law is applicable to the crime of terrorism which is investigating, and in which Carles Puigdemont remains accused despite the fact that he remains fled from justice and without foreseeable return to Spain for the moment. In fact, since the last hours the ban remains in force arrest warrant against the former president of the Generalitat decreed by another magistrate, Pablo Llarenainstructor of the ‘procés’.

For the moment, the Supreme Court has ruled on the matter in two of the three causes that are still alive against the independence movement. On the one hand, the Court that judged the ‘procés’ that concluded in a unilateral declaration of independence, has ruled out that the amnesty is applicable to the crime of misappropriation of public funds Because neither the legal configuration of this crime, nor the legislative provisions of the European Union on it, are compatible with the wording that the Government gave to the amnesty law.

On the other hand, Judge Llarena keeps the case against Puigdemont open for identical reasonalthough it has given a ten days to the parties to the process to make allegations regarding the application of the measure full forgiveness for another crimethe one of disobedience. In this context, for the moment, Llarena has been forced to lift the arrest warrant which weighed on the ERC leader Marta Rovira, escape in Switzerland. In her specific case, and since the crime of sedition for which she was originally accused has been repealed, can only be criminally charged with disobedienceand that crime does not justify a precautionary measure of imprisonmentSomething similar happened in the past in the case of the independence leader Clara Ponsati.

But there remains one third causeby terrorismarising from the reasoned exposition that in November 2023 elevated to the Supreme Court the magistrate of the National Court Manuel Garcia Castellon. In this case, understanding that Puigdemont, Rovira and ten other people could have incurred in a crime of terrorism as leaders of the organization called ‘Tsunami Democràtic‘. This case is being investigated by the Supreme Court judge Susana Polowhich has before it the resolution of the ‘third leg’ of the execution of the amnesty in the High Court. Judicial sources consulted by Vozpopuli They confirm that Polo is finalizing his decisionand has to decide if the amnesty law applies to terrorism Following the criteria expressed by the Prosecutor’s Office, or if it raises a preliminary question before the European Court of Justice, based in Luxembourg.

The alternative of going to the TC

Even, and as a third option, you will have to clarify whether you alternatively have a question of unconstitutionality before the Constitutional Courtwhich presides Candido Conde-Pumpido. So far, no one has presented any question regarding amnesty to the TC, although some of the separatist leaders have already expressed their intention to go to that court in protection because they believe their fundamental rights violated since the amnesty law has not yet been applied to them.

In the event of appealing to the TC, It will hardly be possible before autumnsince before they would have to resort to different instances of the same Supreme Court on appealafter in appeal and finally, even raising a incident of nullity for the amnesty to be applied to them. Neither the PP, nor the regional parliaments in which it has a majority, nor the regional governments governed by Núñez Feijóo’s party have raised any appeal of unconstitutionality so far. The risk of putting the case in the hands of a Court with a majority in favour of amnesty a priori makes them cautious and wait for the ‘toga war’ that is intuited between the Supreme Court and the TC in the coming months the real scope of the amnesty will be clarified. For this reason, Núñez Feijóo expressed yesterday in Wave Zero your reservations and doubts to end up presenting or not a unconstitutionality appeal against the amnesty law because the TC, he said, is “stuffed with two government officials,” referring to Juan Carlos Campoformer Minister of Justice, and Laura Diezwho was Director General of Constitutional Affairs in the cabinet of the presidency of the Government.

“I do not hide that we have difficulties to accept the impartiality of our Constitutional Court,” Feijóo said, describing it as “immoral” that both are acting as magistrates of the TC for their lack of impartiality. “If we really want to guarantee independence, the first decision is to ask these two members of the TC to submit their resignation“, he concluded.

Nor has any judge addressed the European Court of Justice yet. If Polo were to make that decision regarding terrorism, sources at the Supreme Court recall that he would automatically be The execution of the amnesty for those involved in this alleged crime has been halted. However, a priori it seems the most plausible option: go to Europe to clarify what legal compatibility There are between the regulation on terrorism that the Government made in the amnesty law and the European regulations in this regard, and to establish the real interpretative scope of the serious violation of human rights in the conduct committed by those responsible for Tsunami Democràtic.

According to García Castellón, the terrorism case states that Carles Puigdemont would be located in the highest vertex of the Tsunami Democràtic organization and that his position as former president and leader of the independence movement from Brussels gives him “a position of unquestionable authority“There are indications, the investigation now in the hands of Susana Polo maintained, that allow us to infer his participation in the “birth and planning” of the actions of Tsunami. Among them, there are the following: Sent messages and maintained through mobile phone among those investigated Josep Lluís Alay and Jesus Rodriguezthe personal diary notes of the first, or the Puigdemont’s push from the launch of the Tsunami platform through social networks. Even a Conversation held by Puigdemont with the investigated Campmajóin which they discuss the attitude that Catalan political leaders are having in relation to the sentence of the ‘procés’is an indication that he was not only aware of Tsunami, but that he was driving it.

Democratic Tsunami

Democratic Tsunami was the organization created to give a violent response to the Supreme Court ruling on the ‘procés’ in acts such as the general strike of October 18, 2019the attempt to affect the general elections in November, or the blocking of critical infrastructures of the State or Europe. Among them, the invasion carried out by hundreds of people from Barcelona-El Prat Airport and of the ENAIRE control tower in Barcelona-Gavà.

When García Castellón raised his evidence to the Supreme Court because Puigdemont was a privileged person, he emphasized the “strategic importance of this objective and the serious consequences that could have had for the safety of the national and international air traffic the success of the intended action.” “If Tsunami had achieved its objective of preventing the change of shift of the air traffic controllers at the facility, this would not only have caused economic damagesbut could have had a catastrophic result with unforeseeable consequences for the people who were in that moment flight on board aircraft In the area control objectwith the obvious risk and danger to their lives“.