The defense of the president of Òmnium Cultural, Jordi Cuixart, has requested the annulment of the Supreme Court ruling that condemns him to 9 years in prison after the 1-O trial as a previous step to an appeal for amparo to the Constitutional Court (TC ).
In a statement, they explain that Cuixart's lawyer, Benet Salellas, asks in writing to annul the "disproportionate" sentence and considers that rights such as the presumption of innocence and the right to assembly and expression were violated during the trial.
"We will continue to denounce that the second chamber of the Supreme Court is marked ideologically, with a clear political bias on the right to self-determination," said Cuixart, jailed from the Lledoners prison.
In the brief, Salellas believes that Cuixart's ideological freedom was violated because the Supreme "openly questioned throughout the trial" his ideas when assessing facts such as interventions by the president of Òmnium in public events and sending tweets as elements of incrimination of a crime of sedition.
He also understands that the president of the Criminal Chamber of the Supreme Court, Manuel Marchena, had a concrete and prior ideological position on the question of the sovereignty of Catalonia, a "political prejudice when issuing a ruling that is decisive."
In addition, they consider that there is no evidence to justify the conviction for sedition and that the sentence does not provide elements that prove that judicial proceedings were prevented on September 20, 2017 at the Ministry of Economy, which the police had to use force on 1 – Or, and that the objective of the mobilizations was to demonstrate to the judges that in Catalonia they had lost their jurisdictional capacity.
For Salellas, there is a lack of evidence that evidences that the presumption of innocence of Cuixart and the rest of the defendants was violated, so the conclusions of the TS "can only come from their own prejudice or from the investigations and conclusions of the Civil Guard ".
. (tagsToTranslate) Cuixart (t) nullity (t) ruling (t) disproportionate (t) Supreme