The procés prosecutors who are prosecuting two of the major cases opened in the Supreme Court that the amnesty may affect – that relating to those already convicted and that of those who have escaped – stand against the order of the attorney general of the State of apply the law of criminal forgetfulness for all crimes related to 1-O, according to the writing to which elDiario.es has had access.
Prosecutors Javier Zaragoza, Consuelo Madrigal, Fidel Cadena and Jaime Moreno oppose the instruction they received this morning to position themselves in favor of applying the amnesty law for all crimes, including embezzlement that affects Carles Puigdemont u Oriol Junqueras; as well as lifting the arrest warrant against the former president of the Generalitat. Consequently, they have activated article 27 of the Organic Statute of the Public Prosecutor’s Office, which allows a matter to be referred to the leadership of the Prosecutor’s Office when it is considered that an order “contrary to the laws” or “inadmissible” has been received.
The four prosecutors understand that the arguments presented by the attorney general to make an “unconditional” application of the amnesty law to crimes of embezzlement are “manifestly insufficient” and that the order he has given them to apply the amnesty to all crimes is inappropriate and does not comply with the legislation. They demand, therefore, that the process be launched to take the matter to the Board of Court Prosecutors. They also request that the attorney general have to issue “a reasoned decree that agrees to the avocation of the case” to answer the questions of Judge Pablo Llarena about how to apply the amnesty, opening the door for the case to no longer be processed by they.
“Outlandish” political considerations
The prosecutors’ response comes less than three hours after García Ortiz sent them a letter with a clear mandate: the Prosecutor’s Office’s position must be favorable to amnesty all crimes related to the referendum of October 1, 2017. In his writing, the attorney general describes as “insufficient” the arguments put forward by these prosecutors – who are those who participated in the procés trial – to cast doubt on the possibility of amnesty for embezzlement. And he questions whether they included “extravagant” or “inconsequential” political considerations in his report. He also maintains that lifting the precautionary measures that weigh on several of the defendants is a measure that is not only “adequate” but “necessary” according to the laws.
After learning of Zaragoza’s response – made on behalf of the four prosecutors of the process – the State Attorney General’s Office announced the convening of a Board of Court Prosecutors for next Tuesday, June 18. The result of that meeting is not binding on the attorney general, to whom the law grants autonomy to maintain his criteria. And, in any case, the final decision on the application of the amnesty rests with the judges.
Add Comment