The plenary session of the Constitutional Court, with the dissenting vote of three magistrates, has endorsed the decision of the Supreme Court not to grant a prison permit in January 2018 to Oriol Junqueras to attend the constitution of the Parlament when there is “a relevant risk of criminal repetition” and forecast of altercations.
The ruling, released on Tuesday, rejects the appeal for amparo filed by the ERC leader and ratifies the end of the unanimity of the magistrates when addressing the merits of matters related to the cause of the process.
In its resolution, the guarantees court considers that the Supreme Court considered “in a constitutionally adequate way the concurrence of objective and verifiable data” that allowed us to speak of a risk of criminal repetition and that predicted mobilizations that could mean “a serious alteration of coexistence citizen “if permission was granted while in pretrial detention.
The magistrates Juan Antonio Xiol Ríos, Fernando Valdés and María Luisa Balaguer, of progressive nature, have again signed a particular vote in which they believe that Junqueras should be protected in defense of the right of participation and political representation.
In his opinion, when analyzing the possible altercations, the court had to take into account that, at that time, Junqueras no longer held an executive position in the Generalitat and that article 155 of the Constitution was in force.
The three disagreed with the rest of their classmates last November, when the plenary rejected Junqueras’ appeal against his situation of pretrial detention.
In this judgment, the court undoubtedly finds that the denial of the exit permit requested by a public office to exercise its functions implies an “interference” in the content of its right, but believes that such interference cannot in itself be considered a “violation. “If it responds to a purpose” legitimate and has been expressed in a reasoned and proportional resolution. ”
In this context, he considers that the Supreme Court analyzed the objective circumstances that concurred in the specific case and recalls that the Parliament was allowed to enable the necessary instruments so that Junqueras could access the status of deputy and delegate his vote, despite being in prison provisional.
Situation in which he was, highlights the sentence, because he was then attributed to the execution of events “time-delayed, duly planned, and aimed at a structural breakdown of the rule of law and social coexistence to which he would have contributed outstanding form, as a member of the Parliament of Catalonia and vice president of the Generalitat of Catalonia ”.