Almost all the presidents of the Generalitat and the Parlament have subscribed today a joint statement addressed to Supreme Court in which they ask for "guarantees for the right of defense of the accused during the trial of the procés" and that they can go to it in a situation of freedom.
The highest authorities of the Parliament and the Generalitat ask the TS in its statement, promoted by the Síndic de Greuges, "changes in the conditions of preventive detention of the accused so that they can reach full powers" at the trial.
Those who have been presidents of the Parlament and of the Generalitat have asked the defense lawyers of the defendants by the 'procés' to include in their defense briefs this "appeal to the competent authorities that guarantees the right of defense" and that they be considered "alternative measures to the deprivation of liberty in penitentiary center" of the independence prisoners.
The statement, which they sign Jordi Pujol, José Montilla, Artur Mas Y Carles Puigdemont –Pasqual Maragall could not be contacted today by the Síndic-, He argues that pretrial detention "has some causes assessed in the Spanish legal system that are not always interpreted in their just limits, which makes it, in fact, an anticipated penalty."
"It is a generalized problem of the penal system that violates the right to individual freedom and the right to the presumption of innocence; it also contributes to the saturation of prisons, and, finally, it can hinder the right to defense, "argues the note, which is also signed by the former presidents of the Parliament, Joan Rigol, Ernest Benach and Núria de Gispert – the former also Chairwoman Carme Forcadell She is one of the defendants who is incarcerated.
As regards the right of defense, the text sent to the Supreme Court stresses that "it is a fundamental right in a democratic State of law, and any person accused of a criminal offense must be able to have adequate means to exercise it effectively, including adequate material conditions, especially during the oral trial" .
In this regard, they recall that this has been stated on numerous occasions by the European Court of Human Rights.
Before the notice of the transfer at the end of this month of the prisoners who are in Catalonia to jails in Madrid, the communiqué notes that any of the centers is more than an hour away from the headquarters of the National High Court and its jails, where they will have to be transferred in police vehicles before going to the courtroom every day Supreme Court.
"If the situation of provisional deprivation of these persons is maintained, there will be long transfers to the place of the visits to and from the penitentiary center and their stay in judicial dependencies outside the prison. Supreme Court", they warn.
According to the authorities, all these transfers will hinder the continuous contact with their lawyers "and will limit without legal reason their active participation in their own defense, for which this right is unnecessarily restricted".
"This daily transfer will take place foreseeably for several months, which means unnecessary added hardship for the purpose of provisional detention," the statement added. Rafael Ribó he has also sent the ombudsmen of Spain and the human rights leaders of the Council of Europe "in case they consider it appropriate to support the initiative".