The pro-independence party fears that even with the amendments the judges could avoid applying the law
MADRID, 23 Ene. (EUROPA PRESS) -
Junts will continue negotiating with the PSOE this week to reinforce the amnesty law proposal and fully shield the terrorism attributed to the Catalan independence movement in the procedures followed in the National Court, since the party led by Carles Puigdemont fears that even with The amendments approved this Tuesday in the Justice Commission can prevent judges from applying the law that aims to amnesty a decade of the 'procés', according to sources close to the negotiation.
The same sources have specified that the party understands that the crime of terrorism is not fully protected with the modification of article 2 of the bill, relating to the cases that are excluded from the amnesty. In this sense, they have indicated that although Junts consider that this Tuesday a step has been taken in a "good direction", they still see loopholes in the text.
According to these sources, the intention of the Catalan party is to close this gap before the 30th of this month to obtain the best version of the text, given that they do not want to run the risk that the bill as drafted leaves it outside the amnesty. to people who have been affected by judicial cases related to the Catalan independence movement.
For Junts, the facts attributed to the people who have been investigated in the cases relating to the Committees for the Defense of the Republic (CDR) and 'Tsunami Democràtic' do not constitute a crime of terrorism, but rather false accusations.
Furthermore, although the party understands that with the modifications of this Tuesday the defendants in the investigation being followed in the National Court on 'Democratic Tsunami' would be amnestied, they do not trust that another procedure will not arise that could be excluded from the amnesty. , the consulted sources have added.
The amendments approved in the Justice Commission would allow leaving out of the amnesty only terrorist crimes that have been committed with the intention of generating "serious violations of human rights, in particular, those provided for in articles 2 and 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, and in international humanitarian law"; that is, "as long as" there was a clear intention to kill or torture.
According to the sources consulted, Junts welcomes the path taken so far, since they emphasize that a month ago it was "unthinkable" that the amnesty would be assumed for those accused in the 'Democratic Tsunami' procedure; Hence they trust that there is room for negotiation until January 30.
The same sources have pointed out that those from Junts feared that with the section in which terrorism crimes were excluded from the amnesty "as long as a final sentence has been handed down" they would not be able to pass the filter of the Constitutional Court in the event of an eventual appeal of unconstitutionality. presented by the PP or a question of unconstitutionality raised by the judges.
As they have specified, this is because the court of guarantees could question whether terrorism was not condoned with a final sentence and terrorism in the investigation phase or without a final sentence was condoned.
After the amendments approved this Tuesday, Junts understands that the text would pass the Constitutional filter, according to these sources.