Five years have passed since the trial of the independence process was held in the Supreme Court and Manuel Marchena no longer sees things in the same way. What was once a chimera or daydream in which violence did not play an essential role for the president of the Supreme Court’s Criminal Chamber, who presided over that trial, is now tinged with violent elements and flying “cobblestones.” The sentence did not condemn the defendants for rebellion, but for sedition. In the text of the ruling that raises a question of unconstitutionality against the amnesty law, there is multiple references to the “coup plotters”, In line with the claims made since then by the Popular Party and Vox, Marchena has changed the script and adjusted it to the needs of those who claimed that a coup d’état had taken place.
The 2019 ruling was largely defined by the use of the word “daydream” to describe the failed attempt to bring about the independence of Catalonia by the Junts and Esquerra government. The great paradox is that it was Marchena who came up with that term with the intention of uniting the different opinions that were being debated in court. His goal was to achieve unanimity in the ruling, without dissenting individual votes, which would give it more legal force in the face of future appeals. Luciano Varela put forward the idea that it had all been a deception, while another judge, Andrés Martínez Arrieta, did not agree with that definition.
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