Tue. Apr 23rd, 2019

The Supreme Court will allow the elected 1-O prisoners to collect their minutes

El Supremo permitirá a los presos del 1-O elegidos recoger sus actas

The Supreme Court (TS) will allow the prisoners of the 1-O to be elected next 28-A they can go to the Congress or the Senate, according to the cases, to collect their corresponding minutes as parliamentarians. For the moment, it is the only undisputed point regarding the possible repercussions of the general elections on the development of the hearing that takes place in the High Court, whose completion will hardly occur before June.

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Both in the Supreme Court and in the Central Electoral Board (JEC) agrees in estimating that the legal provisions are very clear regarding the exercise of the right of political participation of the preventive prisoners. Oriol Junqueras, Raül Romeva, Jordi Turull, Josep Rull Y Jordi Sànchez they are presented to the elections, the first two on the ERC lists and the other three on the JxCat lists. All of them have asked the TS for their release, to participate in the campaign. The TS gave last Friday 24 hours to the parties to the process to express their position on this request. That term ends today, and the foreseeable thing, in view of all the antecedents of the case, is that the Prosecutor's Office unfavorably reports the petition.

Once the request for freedom has been resolved, the TS will study the request to hold electoral events in prison. Penitentiary Institutions has reported unfavorably on these acts, because it believes that prisons lack appropriate means to carry them out. The Supreme Court, in principle, will not put obstacles to its conclusion, but the dominant criterion is that the matter should be left to the Central Electoral Board and the prison authorities.

On this point there is a certain division in the Electoral Board. Two members of this institution spoke last week in favor of allowing the organization of some electoral act in jail by the prisoners of the 1-O. But nine members of the same Board were of the opinion that the matter has to be resolved by the Supreme Court. The JEC is composed of a total of 13 members, but two of them, magistrates Luciano Varela and Ana Ferrer, do not participate in matters that have any connection with the 1-O, because both are part of the court that judges the case. In the TS and the Board it is very necessary that the decision adopted allows the exercise of the political rights of persons deprived of liberty, to the extent that they are in full possession of their fundamental rights, as preventive prisoners, not subject to firm conviction. Both the TS and the Board want to prevent at all costs that a hypothetical undue restriction of the rights of political participation of prisoners can then be translated into a pronouncement against the Spanish State by the European Court of Human Rights (ECHR).

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