The negotiations between the PSOE and the pro-independence parties to correct the text of the Amnesty law are bearing fruit. For the first it is about technical corrections, for the others it is about reaching a tenth law to safeguard the independence supporters from what they consider “judicial excesses”, in clear allusion to the intention of Judge Manuel García-Castellón to carry out trial, on charges of terrorism, of the former president of the Generalitat Carles Puigdemont and the general secretary of ERC, Marta Rovira.
It was not until the last moment that they all closed an agreement yesterday to approve several transactional amendments in the Justice Commission 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 represents a modification of the scope of the amnesty on terrorist crimes and clarifications regarding the lifting of precautionary measures once the law comes into force. Socialist sources defend that in practice the crime of terrorism is excluded in general and with the exception of causes linked to processes. For their part, pro-independence sources argue that the cases currently prosecuted under the accusation of terrorism –Tsunami Democràtic and CDR– are included in the amnesty.
In the bill presented by the PSOE in the Lower House, 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 intention cause serious violations are excluded. In addition, two articles are cited, referring to the right to life and the prohibition of torture, included in the European Convention for the Protection of Human Rights. Sources from the PSOE explain that this new wording gives greater legal certainty when it comes to passing the Constitutional Court cutoff. From the beginning, the Government intended to exclude the most serious cases of terrorism from the amnesty. However, in the last negotiations before presenting the bill, Junts forced to introduce as an exclusion that these are cases handed down with a final ruling.
The special interest of the independentists in incorporating terrorism is due to the case opened in the National Court for terrorism and in which a dozen people are accused, including Puigdemont and Rovira. Sources from the pro-independence wing of the negotiation 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 case the death of a person during the riots at the El Prat airport promoted by Tsunami Democràtic on October 14, 2019 in response to the procés ruling.
Junts and ERC feared that the instructor would accelerate the case to such a point that it would go to trial and with a final sentence – 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” of treating the Catalan independence movement as terrorism.
Sources close to the pro-independence parties assure that these latest changes – which were passed by 20 votes in favor and 17 against in the Justice Commission – are not the end, despite the fact that the socialists consider the law closed. Until the final text of the amnesty is voted on next week, they consider that there is time to negotiate the amendments that remain alive.
Regarding precautionary measures, the pact has been aimed at modifying the term competent judge to “judge who is hearing the case” for the lifting of any precautionary measure as well as European, national or international arrest warrants. In this way, Puigdemont guarantees that the orders and measures that weigh on him are lifted immediately. This would allow him to return to Spain once the law is approved.
Socialist sources explain that, in addition to greater legal certainty, the corrections introduced aim to reinforce the jurisdictional function of judges and magistrates in relation to the effects of the lifting of precautionary measures and in the event of a possible suspension of the judicial process for any reason.
