The Constitutional Court unanimously rejects the precautionary suspension of the prison of seven convicted by the ERE

Griñán renounced the measure after the Seville Court paralyzed his entry into prison

MADRID, 26 Sep. (EUROPA PRESS) -

The Constitutional Court (TC) has unanimously rejected this Tuesday the precautionary measures requested by seven convicts by the ERE to suspend their prison sentences, while approving the resignation of the former Andalusian president José Antonio Griñán to said precautionary measure, after that the Seville Court has already paralyzed his entry into prison, as reported by the TC.

Although a total of twelve convicted by the EREs have sought Constitutional protection, only eight requested the precautionary measure: Griñan, Juan Marquez, Miguel Angel Serrano, Antonio Fernandez, Francisco Vallejo, Jesus Maria Rodriguez, Jose Antonio Viera and Carmen Martinez.

Of these eight, Griñán withdrew the precautionary measure after the Seville Court suspended his entry into prison for five years, considering that the treatment for the prostate cancer he is suffering from is incompatible with his stay in a penitentiary center.

The Constitutional Court has also approved the withdrawal of the former Andalusian president, who was sentenced to 6 years in prison for crimes of prevarication and embezzlement.

As for the remaining seven, all are in prison except Márquez, who maintained the precautionary measure despite the fact that the sentencing court made the same decision as with Griñán, after the Supreme Court reduced his prison sentence to three years.

In June, the TC already rejected the very precautionary measures proposed by Griñán and the other convicts, while admitting their appeals for protection to be processed, which will now continue their course.

In addition to Griñán and those seven convicts, former Andalusian president Manuel Chaves has appealed to the Constitutional Court, who was sentenced to 9 years of disqualification for prevarication; as well as the former socialist minister Magdalena Álvarez, Gaspar Zarrias and Antonio Vicente Lozano.

In this way, the Plenary has endorsed the presentations drafted by the progressive magistrate Inmaculada Montalbán, which proposed not granting precautionary measures.

It should be remembered that the guarantee court does not usually stop imprisonment when the sentence exceeds five years of deprivation of liberty because they are "serious" sentences.

In fact, the TC explains in a statement that the magistrates apply the "abundant jurisprudence" of the court, as it is "a prison sentence clearly greater than five years, without the reasons alleged by the amparo plaintiffs making the qualified disappear." general interest that, in a case like this, presents the execution of the final condemnatory resolution".

"Along with the seriousness of the sentence", the Plenary has taken into account "the nature, seriousness and social significance of the facts prosecuted operate as a decisive parameter for not accessing the interested suspension."

In this regard, it recalls that "the appellants were convicted of continuous crimes against the public administration committed over an extensive period of time and with an impact on an entire autonomous community."