The Bateragune convicts will appeal to the Constitutional Court to avoid the new trial ordered by the Supreme Court


The lawyer of, among others, Arnaldo Otegi, Iñigo Iruin, announced this Monday the filing of an appeal for protection before the Constitutional Court, for violation of the right to effective judicial protection, against the decision of the Supreme Court on the repetition of the trial for the 'Bateragune case'. He has been convinced that he will be "admitted for processing": "Once admitted, we will also request the suspension of the execution of the Supreme Court ruling and, therefore, the non-holding of the new oral trial until the amparo is resolved." In addition, under Article 46 of the European Convention on Human Rights, they will go to the Committee of Ministers of the Council of Europe, which is the body in charge of supervising the execution of the judgments of the Strasbourg Court.

Otegi attributes the repetition of the trial of the 'Bateragune Case' to an attempt to "criminalization of the pro-independence left": "We must be doing something right"

Otegi attributes the repetition of the trial of the 'Bateragune Case' to an attempt to "criminalize the pro-independence left": "We must be doing something right"

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Iruin has highlighted the "poor legal quality" of the Supreme Court's decision to repeat the 'Bateragune case', which, in his opinion, shows the impossibility of it being "legally defensible, only the ruling matters, that it be made new trial "to obtain a" conviction and try to avoid the patrimonial responsibility of the State. " The lawyer maintains that the holding of a new trial "must be at the request of the plaintiffs", according to the Strasbourg Court Judgment of November 6, 2018, a mandate that, in his opinion, has been "breached" by the State Spanish, reports Europa Press.

The lawyer has appeared in Donostia accompanied by the general coordinator of EH Bildu, Arnaldo Otegi, who served a prison sentence for this case that would later be annulled in Europe. The rest of those convicted of the 'Bateragune case' have also participated. In addition to appealing to European jurisprudence, Iruin has also pointed out that "there is no legal norm in the Spanish criminal procedure law that allows a new trial to be held" and this would imply "an injury to the right not to be tried twice by the same fact ".

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