The amnesty appeared for the first time in the case that former pro-independence ministers are arguing against Spain before the European Court of Human Rights (ECHR). The Public Ministry mentioned the approval and provisions of the norm in its response to the lawsuit filed by the sovereignist leaders, although it omitted the fact that the Supreme Court refused to apply it.
The ECHR is the European body before which prisoners pardoned in the process hope that their complaints of violation of fundamental rights, rejected by a majority of judges of the Supreme and Constitutional Courts, will be accepted.
After expressing interest in the case, the European Court of Human Rights last year recognized the claims for independence and gave Spain a deadline to file the allegations. Among other questions, the European judges asked Spain whether the Supreme Court had applied the crime of sedition “broadly” or whether the leaders of the process had been convicted for a “legitimate exercise” of their rights to freedom of association and expression.
After requesting several extensions of the deadline for response, the public prosecutor, which represents Spain before the ECHR, presented a document on August 27 containing “additional observations” to its allegations. As is customary in European claims, Spain argues that the Supreme Court has in no way violated the fundamental rights of the separatists.
The main novelty of the writing, advanced by ElNacional and to which elDiario.es has had access, is that for the first time the Public Ministry mentions the amnesty law. It does so very briefly, simply to inform the court that the “approval” of the norm has taken place. Then, the writing is limited to transcribing articles of the norm and mentioning that it came into force on June 11.
It is equally relevant that Spain mentions the amnesty for the first time before Strasbourg, because it does not indicate that the Supreme Court refused to apply the rule, since it is precisely the violation of their fundamental rights by the High Court that the independence supporters denounce. The defense now intends to respond to the prosecution’s allegations to remind Strasbourg that the same court that sentenced them to sentences that they consider disproportionate refused to grant them the amnesty.
Regarding the rest of the requests, the Public Ministry, as expected, supports 100% the actions of the High Court and excludes that the sentences violate the fundamental rights of the independence supporters. “We are not facing a criminalization of political speech, nor a criminalization of acts of protest,” insists the State in response to the request of the former president of Òmnium Cultural, Jordi Cuixart, who recalls his role as a social leader (different from the former councilors) to allege that the Supreme Court had violated their right to freedom of expression and demonstration.
“It has not been demonstrated or proven that the purpose of the criminal convictions was due to political motivations,” explains the letter from Spain, which also defends the provisional prison in which Cuixart, the former leader of the ANC, Jordi Sànchez, remained for almost two years and the former ministers Oriol Junqueras and Joaquim Forn because “there was reasonable suspicion of having committed a crime.”
Spain also does not argue that in the event of a conviction it should compensate the separatists: “The Kingdom of Spain considers that no compensation should be awarded for moral damage, since the mere recognition by the Court of the violation of all or part of the rights invoked – if the Court so decides – would constitute adequate reparation for any moral damage caused.”
