Junqueras appeals to Spain's Constitutional Court for freedom

Catalan vice president asks to repeal Supreme Court’s precautionary measures

Catalan vice president Oriol Junqueras (by ACN) / ACN

ACN | Madrid

First published: February 14, 2018 01:07 PM

The deposed vice president of Catalonia, Oriol Junqueras, has asked Spain’s Constitutional Court to repeal the Supreme Court’s decision to keep him in prison. His lawyer filed an appeal to request the suspension of pre-trial prison as a precautionary measure in the case that the court accepts this request. The leader of the pro-independence party Esquerra Republicana (ERC) has been behind bars more than 100 days. He was sent to prison on November 2, the same day as the Catalan home affairs minister, Joaquim Forn. Both had were removed from office by the Spanish government following the declaration of independence, and Spain's subsequent application of Article 155.

On February 5, the Spanish Supreme Court accepted to look into the appeal filed by incarcerated pro-independence grass-roots leaders Jordi Sànchez and Jordi Cuixart. They asked the court to repeal the Spanish National Court’s decision to keep them in pre-trial prison. The request was accepted by the magistrates of Spain’s Constitutional Court two months after its filing, arguing that they could see “particularly important” reasons concerning the Spanish constitution.

Junqueras and Forn have been denied bail by the Spanish Supreme Court previously, facing the same fate as pro-independence leaders Jordi Sànchez, now a Junts per Catalunya MP, and Jordi Cuixart. Sànchez and Cuixart have been in prison even longer. They all face up to 30 years in jail for alleged crimes of rebellion, sedition and misuse of public funds, amongst others.

The magistrate of the Spanish Supreme Court argues that the imprisoned Catalan leaders' ideologies remain unchanged and that they still have plans for an independent Catalonia, therefore they risk committing the same offences again. That's why, according to him, they should not be released. Yet they have all stated that they have given up on unilateral means to achieve independence.

Five other ministers who face the same charges were released on bail on December 4, while five more are in Belgium, including the depsoed president Carles Puigdemont.