The Supreme Court Prosecutor’s Office has issued a report in favor of the National High Court repeating the trial of the general coordinator of EH Bildu, Arnaldo Otegi, in the Bateragune case, on the attempt to rebuild the National Board of the outlawed Herri Batasuna. The Public Ministry argues that a “procedural defect cannot become a criminal exemption.”
The Supreme Court annuls Otegi’s sentence for belonging to a terrorist organization in the ‘Bateragune case’
The Criminal Chamber of the Supreme Court annulled on July 31 the 2012 sentence which sentenced Otegi and four other nationalist leaders to sentences of between six years and six and a half years in prison for a crime of belonging to a terrorist organization, following the criteria of the European Court of Human Rights (ECHR), which ruled that the National High Court had violated the right to a fair trial of the accused.
The Prosecutor’s Office of the High Court now asks the Fourth Section of the Criminal Chamber to agree to the retroaction of the proceedings to the procedure prior to the appointment of the components of the court that tried Otegi and the rest of the leaders and that, after appointing some new judges, the trial against the five defendants is repeated.
The Public Ministry has issued this report in response to an order of the Second Chamber of the Supreme Court that urged the parties to set their criteria on the “procedural effects” of the judgment of last July that annulled the sentence against Otegi and the rest of the defendants. .