Judges take first legal steps after amnesty law comes into force while accused seek pardon

Spain's Supreme Court upholds arrest warrant against former Catalan president Carles Puigdemont

Former Catalan president Carles Puigdemont
Former Catalan president Carles Puigdemont / Nico Tomás
Catalan News

Catalan News | @catalannews | Barcelona

June 11, 2024 01:43 PM

June 11, 2024 02:45 PM

Shortly after the amnesty law officially came into effect on Tuesday following its publication in Spain's Official Gazette (BOE), reactions from judges and defendants began to pour in. 

Here are all the initial reactions of the judges in the many separate cases related to the Catalan independence movement.

Court of Auditors takes first step to take law to European courts

Spain's Court of Auditors has become the first Spanish court to take steps to challenge the legality of the amnesty law in the European courts.

As part of its investigation into the misappropriation of funds related to the 2017 independence push, the court has given all parties involved ten days to submit their views on the possibility of submitting a preliminary question to the Court of Justice of the European Union (CJEU).

According to the public prosecutor's advisor on the case, several articles of the law could be in conflict with certain provisions of European law, particularly with regard to the protection of its financial interests. 

The deadline for a verdict has been suspended pending a final decision on the referral of the preliminary question to the CJEU.

Among those indicted are former Catalan presidents Artur Mas and Carles Puigdemont, former vice president Oriol Junqueras, several former ministers and other government officials.

Trial at Spain's Court of Auditors
Trial at Spain's Court of Auditors / Pool EFE

Arrest warrant for independence leaders upheld by Supreme Court

Spain's Supreme Court announced that it was giving the parties involved five days to state their position on the application of the amnesty law.

The court also upheld the arrest warrant against former Catalan president Carles Puigdemont, Esquerra's secretary general Marta Rovira, Junts+ MP Lluís Puig and MEP Toni Comín.

Puigdemont's lawyer, Gonzalo Boye, said that he will not submit any documents at the moment because he will wait to see what the judges do.

Boye has said that the amnesty law is "very clear" and has expressed "confidence" in the judiciary and called for "calm."

The lawyer expressed confidence that the judge of the case, Pablo Llarena "will respect what the law," but assured that he has "many things planned."

Supreme Court judges including Manuel Marchena, second from right, in Spain's top tribunal
Supreme Court judges including Manuel Marchena, second from right, in Spain's top tribunal / ACN

Tsunami Democràtic case judge makes first move

Judge Manuel García-Castellón of Spain's National Court, who is in charge of the case of the protest group Tsunami Democràtic, has also taken the first step after the publication of the amnesty law. 

The judge, who is seeking terrorism charges against those involved, including Puigdemont, has issued an order giving the parties involved ten days to state whether they consider the application of the amnesty law necessary. 

The judge points out that, according to the law, judges must determine whether the rule applies to specific cases, and they can do so either on their own initiative or at the request of a party or the prosecution, but always after hearing the arguments of all the parties involved. 

Many of the defense teams have already requested the application of the law earlier in the morning. 

Tsunami Democràtic protesters clash with police at the airport protest in October 2019
Tsunami Democràtic protesters clash with police at the airport protest in October 2019 / Miquel Codolar

Cases against other former Catalan presidents

In another case, Catalonia's Supreme Court (TSJC) issued five orders asking the different parties involved in five legal cases to express their opinions on the possible application of the amnesty law.

The cases involve nine pro-independence politicians who have been convicted or are awaiting trial, including former Catalan presidents Artur Mas and Quim Torra, as well as former ministers, vice-presidents and MPs. 

Catalan government to amnesty 'gag law' penalties

The Catalan government announced that it will publish a resolution this week to automatically amnesty penalties imposed under Spain's 'gag law', or public security law, related to the Catalan pro-independence push. 

Announcing the agreement approved today by the acting executive council, Catalan government spokesperson Patrícia Plaja said the government will work to ensure that "everything in its power" is done for the "urgent and prioritized" application of the amnesty law.

The Catalan government's legal office will provide procedural support to its civil servants, high-ranking officials and former officials when the amnesty is applicable. 

In addition, on Thursday, the Spanish Interior Ministry will activate a form to request an individual amnesty decision, as well as the economic reimbursement of penalties paid. 

Pro-independence parties seek amnesty

The legal defense team of the pro-independence party Esquerra has begun submitting all the documents to request the application of the amnesty law to the cases of 37 party leaders. 

Among them are politicians such as Marta Rovira, the party's secretary general in exile in Switzerland, Ruben Wagensber, also in Switzerland, and many others.