From accusing to claiming pardon. The Board of the Parliament of Catalonia has requested this Tuesday that the pardon be granted to one of the eight convicted of a crime against the institutions of the State for the protest of 15-M in the Catalan Chamber on June 15, 2011. During the case judicial, the Parliament always accused those later convicted and even appealed their acquittal in the first instance.
The Supreme Court annulled in 2015 the judgment of the National Court that he had acquitted the defendants from the protest around the Parliament and sentenced eight of them to three years in prison for a crime against the high institutions of the State. The magistrates did not contradict the proven facts of the first sentence, but they considered that the National High Court made a “patent error” in prioritizing the protesters ‘right to protest to the deputies’ right to political participation to attend the Chamber.
In his ruling, the president of the Criminal Chamber of the Supreme Court, Manuel Marchena, addressed the appeals of the Prosecutor’s Office and the Parliament of Catalonia and the Generalitat, then commanded by Convergència under the Government of Artur Mas, and revoked the acquittal that had been decreed by the National Court in a judgment of which Judge Ramón Sáez was the rapporteur. The Catalan Chamber, then chaired by Núria de Gispert (CiU) decided to appeal the acquittal of those acquitted in the first instance with the support of CiU, PSC, PP and C’s. ICV-EUiA and the CUP opposed the appeal and ERC abstained.
In Tuesday’s vote on the petition for clemency, JxCat, ERC and PSC have positioned themselves in favor of clemency and Citizens against it. Parliamentary sources have indicated that the Table has considered “disproportionate” the sentence imposed by the Supreme Court and that for this reason the Parliament has decided to endorse the granting of the pardon, which depends on the Ministry of Justice. As an accusation of the case when considering itself injured, the Parliament must answer whether or not it supports the measure of grace for all convicted persons.
In parallel to the petitions for pardon, all those convicted appealed for protection to the Constitutional Court in 2016. The court of guarantees admitted the appeals of five convicted by the Supreme Court, which are still pending resolution. On the other hand, it did not admit another three resources from the beginning, which left the doors open to these three condemned to take their case to Strasbourg. The A European court last month rejected the claim of the first convict.