The first draft ruling of the Constitutional Court on the denial of amnesty affecting the former president of the Generalitat, Carles Puigdemont, by the Supreme Court advocates that the pardon should not be applied to the appellants because they committed embezzlement and thereby obtained “a personal benefit in the form of patrimonial savings.” Judge José María Macías, rapporteur and member of the conservative bloc of the guarantees body, has distributed his text among the remaining eleven members of the plenary. The proposal will be debated and likely rejected on September 22, due to the lack of support from the progressive sector, which is the majority in the court.
Read more Real Madrid does not forgive a slip-up against Rayo Vallecano
Macías always opposed the amnesty law in his previous position as a member of the General Council of the Judiciary. He will now continue as rapporteur and will likely have to draft a new proposal reflecting the theses of the progressive sector, which considers that the Supreme Court violated the fundamental rights of the procés leaders by not applying the amnesty law on the grounds that they enriched themselves with it, since they financed their projects with public money, thus avoiding using their own resources.
The first ruling refers to the request for protection filed by the secretary general of Junts, Jordi Turull, but the doctrine that the Constitutional Court ultimately approves will be extended to the rest of the challenges filed, corresponding to those accused of the crime of embezzlement, including Carles Puigdemont, Oriol Junqueras, Dolors Bassa, and Raül Romeva.
The text of the report that Macías will present to the plenary adopts the Supreme Court’s theses and holds that, by committing embezzlement for their own benefit, the appellants “did not have to pay out of their own pocket for the financing of the secessionist process.” According to the draft, “enrichment cannot be limited to an increase in assets, but also includes avoiding their decrease, charging personal expenses to the public treasury.” It also states that “citizens who supported the process with donations saw their assets reduced,” while public officials kept theirs intact and saved their own expenses. In this way, everyone’s money prevented theirs from being reduced.”
The report denies that the Supreme Court’s position violated the principle of criminal legality by interpreting the crime of embezzlement as linked to the enrichment of the appellants. In this regard, it holds that the Criminal Chamber did not commit any “manifest error” with its theses, which do not constitute “arbitrariness” or “manifest unreasonableness.” Macías considers that the Supreme Court merely interpreted the law, because the amnesty law itself contemplated personal benefit as a reason not to apply the pardon.
Read more Chess Analysis | Antón in Devastating Mode
The draft explains, in sum, that the Supreme Court’s ruling was a “reasoned, complete, and structured” response, and that its reasoning included an argument that facilitates establishing “the logical and legal itinerary” followed by the Criminal Chamber.
The report denies that Jordi Turull’s right to effective judicial protection was violated, as he is the appellant. It explains that this right “guarantees, as a primary and essential content, obtaining from the competent judicial bodies a response grounded in law on the substance of the claims” alleged. But it adds that this right “does not include an impossible right to the judge’s correctness,” so it does not fall under the constitutional jurisdiction of protection.
The document also emphasizes that it cannot be argued that the Supreme Court’s decision not to apply amnesty to the crime of embezzlement constituted an “overreach or excess.” On the contrary, Macías considers that the Criminal Chamber’s task was limited to carrying out what is “its primary function,” which consists of “interpreting the law as described in the norm itself.”
Read more Real Madrid — Rayo Vallecano live | Madrid beats Rayo and wins again in the League