The Supreme Court magistrates have revoked the semi-release regime granted to nine of the “procés” leaders. Through nine proceedings, the magistrates consider that this measure of grace was premature, therefore they estimate the appeals of the Prosecutor’s Office. In their reasoning, they leave behind several “pearls” that dismantle the arguments for which they were granted semi-release early in their sentence. Here are some of them:
– «None of the defendants in these proceedings has been convicted of pursuing the independence of Catalonia. The ideas of reform, even rupture, of the constitutional system are not, of course, criminal. Its legitimacy is unquestionable, it is beyond any doubt. The coexistence pact proclaimed by the constituent power does not prosecute the dissenting party. It protects and protects its ideology, even if it attends to the pillars of the system.
– «Mr. Junqueras – points out the order referring to the former vice president of the Generalitat – was not condemned for his independence ideology. He was declared the author of a crime of sedition in competition with a crime of embezzlement of public funds in its aggravated modality, based on the facts declared proven in the historical trial of our sentence.
– «No one is serving a sentence in a penitentiary for his political ideas».
– «The principle of flexibility (…), of such importance to make the constitutional aim of resocialization of the convicted person a reality, does not make the Treatment Boards a last instance called upon to correct the disagreements of the officials that integrate them with the outcome of a certain process (…) It also does not allow the unjustified transfer of a prisoner to another penitentiary if that decision is strategically aimed at rectifying the jurisdiction of the Penitentiary Surveillance Judge, based on the territorial scope in which the prison is located ”.
—The Chamber also stresses that accepting legality by the prison administration “cannot depend on their degree of identification or disagreement with the legal arguments on which the conviction is based.” “Otherwise, the role that the law reserves to the administrative bodies is subverted, which, in this way, become an extravagant third instance that assumes the task of making the decision emanating from the judges and courts constitutionally called to the exercise of the jurisdictional function “.
—About Jordi Sànchez, former president of the ANC: «His authorship is linked to the facts described in the factum of the sentence handed down by this Chamber. The breaking of the rules that define the normal functioning of any rule of law and the promotion of violent incidents called to demonstrate that the jurisdiction of the ordinary Courts and Tribunals had to stop at the gates of an autonomous council, are the reasons that are in the basis of the sentence now in execution.