The Constitutional admits to process the resource of Turull against the Supreme for not applying the amnesty law | Spain
He Constitutional Court has admitted to process Amparo resource presented by him exconseller of the Generalitat and Secretary General of Junts, Jordi Turull, against the records for which the Supreme has denied the application of the Amnesty Law. Turull was pardoned by the Government in June 2021, but the Supreme Court has considered in two resolutions that the subsequent law of amnesty is not applicable because in relation to the Proces He committed a crime of embezzlement, which has the penalty of disqualification that continues to comply.
The thesis of the Supreme Court is that the independence leaders condemned for this crime obtained a benefit by embezzling public money to try to carry out their plans, which otherwise had to finance with their assets. Turull, in turn, maintains in the appeal that has been admitted for processing by the body of guarantees that the criminal hall that condemned him has incurred by not applying the amnesty law in “an unpredictable, extravagant and analog interpretation” of said norm.
The constitutional decision to assume Turull’s application is based on the fact that « in the appeal has appreciated a special constitutional significance, since it raises a problem or affects a facet of a fundamental right on which there is no doctrine of this court. » The same resolution adds that the issue raised by the non -application of the Organic Law of Amnesty « for the institutional, political and social normalization of Catalonia » transcends the specific case « because it could have general political consequences. » Turull, in turn, considers that the Supreme decisions are a violation of the principle of criminal legality (article 25.1 of the Constitution) and the right to effective judicial protection (article 24.1 of the same text).
The Secretary General of Junts has also asked the Constitutional to suspend the penalty of disqualification that he is complying with. The amparo application states that said suspension is in force during the time that the court late to issue a sentence on the case. The Guarantees Body, in turn, has excluded suspending the execution of said penalty as a very precautionary measure, because « does not appreciate the exceptional urgency referred to in article 56.6 of the Organic Law of the Constitutional Court, which would justify its unheard adoption partly unmotivated. » In parallel, it has been agreed to “form the timely separate piece to resolve on the suspension” already with a hearing of the parts of the process, and has granted the plaintiff and the Fiscal Ministry a period of three days to make allegations.
Turull’s appeal is the fourth by inapplication of amnesty law to the leaders of Proces which has admitted the Constitutional process. Last February, the court already assumed the amparo requests of the former vice president of the Generalitat and ERC Oriol Junqueras leader, And those of the exconsellers Raül Romeva and Dolors Bassa. The three consider in their challenges that the supreme refusal to apply the amnesty law implies a violation of their fundamental right to receive effective judicial protection, understanding that the Supreme Court should not have excluded from forgiveness the facts of the facts of the facts of the facts of the facts of the facts of the Proces that he considered as a crime of embezzlement. The appellants claim that the amnesty law is a rule in force, approved by Parliament, and that must apply the presumption of constitutionality while the guarantee organ does not resolve the resources presented.
