The Ombudsman will not appeal the amnesty law as the Supreme Court and, among others, a dozen autonomous communities governed by the Popular Party have done. The organization led by Ángel Gabilondo has responded to about thirty requests received to challenge the rule and explains that it will not do so “both for institutional and substantive reasons,” knowing that it has already been appealed before several courts and that the law does not incur arbitrariness.
The Constitutional Court has already received a dozen appeals against the amnesty law and admitted this Wednesday to have dealt with the question of unconstitutionality presented by the Criminal Chamber of the Supreme Court. The appeals presented by several autonomous communities, the vast majority governed by the Popular Party, are still awaiting admission, and deliberations are not expected to begin for the next six months.
The body, qualified to file this type of appeal and challenge before the Court of Guarantees, first explains that both the Supreme Court and the High Court of Justice of Catalonia have already presented their own questions of unconstitutionality and understands that it must depart from “” cases in which there has been judicial intervention. Also, it adds, “respect for citizens hitherto amnestied by judges under this law” has been taken into account.
Regarding the substance of the law, the Ombudsman understands that the analysis carried out on the proportionality of the standard finds reasons “both historical, comparative law, jurisprudential and conceptual” which “would allow to contradict” the alleged arbitrariness which would lead to presenting the resource.
