The constitutional Court will have the last word on the seat he lost Alberto Rodriguez. The magistrates have decided to admit the appeal of the former deputy of United We Can against the order of the Supreme Court and the decision of Mertixell Batet that led to the loss of his seat in the Congress of Deputies after being convicted and disqualified. for assaulting a national police officer.
The Supreme Court sentences Alberto Rodríguez to a month and a half in prison for assaulting a police officer in 2014
The criminal chamber of the Supreme Court imposed a month and a half prison sentence Rodríguez for kicking a riot police officer after a demonstration held in La Laguna in 2014. His conviction, in addition to compensation for the agent, was replaced by a fine and disqualification. A sentence of disqualification that, finally and after several exchanges of letters between the Supreme Court and Congress, meant the withdrawal of his seat.
It is a matter that will be studied in full by the court of guarantees since, according to an order, both resources have "special constitutional significance" since "they pose a problem or affect a facet of a fundamental right on which there is no doctrine" . The case of Alberto Rodríguez, in addition, transcends "the specific case" according to the Constitutional Court, which, in addition, refuses to return the seat to him in a very precautionary way but asks the parties for arguments.
The loss of the seat for Rodríguez, now retired from politics, was not immediate and was not clear from the start. The judges of the criminal chamber did not specify in their sentence what specific consequences the sentence of disqualification had on the political activity of the deputy of United We Can. At first there was also confusion in the Congress of Deputies: an initial report from the lawyers endorsed that he could retain his minutes but finally, and after a communication from the Supreme Court, the decision was to leave him without a seat.
The politician understands that, on the one hand, the Supreme Court was wrong to execute in this way his sentence of disqualification from exercising passive suffrage for a month and a half, which prevented him from running for elections. Also, on the other hand, he understands that the decision of the president of Congress was made by her when it should have been left in the hands of the plenary session of the lower house.
Rodríguez was convicted based on the testimony of a police officer and his medical reports. The agent assured that after a demonstration in La Laguna in 2014, coinciding with the visit of then-minister José Ignacio Wert, Alberto Rodríguez was part of a disturbance and kicked him. The judges rejected the main defense argument of the then parliamentarian: that the attack had not occurred and that the police officer already knew him because of his activism on the islands.