ECHR sides with Spain over jailing of Catalan pro-independence leaders

The European Court of Human Rights (ECHR) has ruled that Spain did not violate the political rights of Catalan independence leaders Oriol Junqueras, Jordi Turull and Jordi Sànchez, who were held in preventive detention during the height of the 2017 independence push.

The Strasbourg-based court upheld the Spanish courts' decision to keep the three leaders in jail, ruling that the measure was justified to "preserve constitutional order."

The ECHR rejected claims that Spain violated the political rights of the pro-independence leaders, who had argued that their rights were restricted during the 2017 Catalan elections, and the subsequent formation of the Catalan Parliament and investiture attempts.

The European Court found that the Spanish Supreme Court provided "sufficient reasons" to justify the preventative detentions and noted that pro-independence parties were still able to participate in elections and propose candidates, recalling that Quim Torra (representing Junts) ultimately became president in 2018.

"The Court considers that the national authorities struck a fair balance between the various interests at stake in a manner that cannot be regarded as arbitrary or as undermining the free expression of the opinion of the people," the ruling stated.

Strasbourg concluded that the contested restrictions "were not arbitrary and were proportionate," given "the seriousness of the offences" and the "undermining of the fundamental values of the rule of law."

The three leaders have also appealed their later convictions over the 2017 independence referendum, a separate case still pending before the ECHR.

Turull "respects but does not agree with" ruling

Jordi Turull said he "respects but does not agree with" the ruling by the European Court of Human Rights.

Speaking to the press after the court decision was made public, the Junts secretary-general insisted that his imprisonment, which occurred in the middle of his own bid for the Catalan presidency, "was based on political criteria, a political strategy" aimed at "decapitating the independence movement."

He added: "If I hadn't put myself forward, things would probably have gone differently." Turull said he "would do it again," referring to his choice to stand for the investiture vote in that context, after Carles Puigdemont's bid could not go ahead.

"Anti-repression struggle" continues

Esquerra Republicana (ERC), led by Oriol Junqueras, issued a statement saying that the international judicial process defending the political rights of Catalan independence leaders "remains open," despite Thursday's ruling. 

The left-wing pro-independence party said it will continue the "anti-repression struggle on all fronts."