The negotiations between the PSOE and the pro-independence parties to correct the text of the Amnesty law are bearing fruit. For the former it is about technical corrections, for the others it is about reaching a law to protect pro-independence from judicial excesses, in clear allusion to the intention of judge Manuel García-Castellón to bring to trial, under the accusation of terrorism, the former president of the Generalitat Carles Puigdemont and the general secretary of ERC, Marta Rovira.
Until the last moment, yesterday they did not reach an agreement to approve several transactional amendments in the Justice Committee of the Congress of Deputies. The tension and mistrust between the three is so deep that until the agreement was signed shortly before the commission began, at 11.30 in the morning, nothing was taken for granted.
The pact entails a modification of the scope of the amnesty on the crimes of terrorism and precisions in relation to the lifting of precautionary measures once the law enters into force. Socialist sources argue that in practice the crime of terrorism is excluded in general and with the exception of causes linked to the process. On the other hand, pro-independence sources argue that the cases currently being prosecuted under the charge of terrorism – Democratic Tsunami and CDR – are included in the amnesty.
In the law proposal presented by the PSOE in the Lower House, the cases of terrorism linked to the process were amnestied as long as there was no final sentence. With the amendment, it is established that acts that manifestly and with direct intent cause serious violations are excluded. In addition, two articles are cited, referring to the right to life and the prohibition of torture, contained in the European Convention for the Protection of Human Rights. Sources from the PSOE explain that this new wording gives more legal certainty when it comes to passing the cut of the Constitutional Court. From the beginning, the central government intended to exclude the most serious cases of terrorism from the amnesty. Nevertheless, in the last negotiations before presenting the law proposal, Junts forced to introduce as an exclusion that it is cases handed down with a firm sentence.
The pro-independence party’s special interest in incorporating terrorism is due to the case opened at the National Court for terrorism and in which a dozen people have been charged, including Puigdemont and Rovira. Sources from the pro-independence wing of the negotiations are clear that with this correction this matter is included in the amnesty. However, legal sources warn that Judge García-Castellón has included in the cause the death of a person during the riots at El Prat airport promoted by Democratic Tsunami on October 14, 2019 in response to the sentence of process
Junts and ERC feared that the instructor would speed up the case to the point where it would reach trial and with a final verdict – without further appeal – before the law came into force. Finally the post-convergents have accepted this change in the point of the law, considering that the Tsunami case and those prosecuted by the CDR are shielded. As Junts deputy Josep Maria Cervera explained, these corrections are necessary to put an end to the “legal aberration” that involves treating Catalan independence as terrorism.
Sources close to the pro-independence parties assure that these latest changes – they went ahead with 20 votes in favor and 17 against in the Justice committee – do not mean the end, despite the fact that the socialists consider the law closed. Until the final text of the Amnesty law is voted on next week, they believe there is time to negotiate the amendments that remain alive.
With regard to precautionary measures, the pact has been aimed at changing the term competent judge by “judge who is hearing the case”, for the lifting of any precautionary measure and also European, national or international arrest warrants. In this way, Puigdemont is guaranteed that the orders and measures that affect him will be lifted immediately. This would allow him to return to Catalonia once the law is approved.
Socialist sources explain that, in addition to more legal certainty, the corrections introduced aim to strengthen the jurisdictional function of judges and magistrates with regard to the effects of the lifting of precautionary measures and in view of an eventual suspension of the judicial process for any reason .
