The ECHR admits to processing the appeals of Junqueras and other convicts against the 'procés' sentence

Strasbourg gives Spain until next January 12 to make a statement

MADRID, 22 Sep. (EUROPA PRESS) -

The European Court of Human Rights (ECHR) has admitted the appeals of nine convicts of the 'procés' against the Supreme Court's ruling by which they were sentenced to up to 13 years in prison and disqualification for crimes of sedition and embezzlement. The magistrates have given Spain until January 12 to present its allegations.

Legal sources have confirmed to Europa Press that the European court has notified the former vice-president of the Generalitat of Catalonia, Oriol Junqueras, of its decision this Friday; to former councilors Raül Romeva, Jordi Turull, Dolors Bassa, Joaquim Forn, Josep Rull; to the ex-president of the Parliament Carme Forcadell; to the former president of the ANC Jordi Sànchez and to the president of Ómnium Cultural Jordi Cuixart.

In the ECHR resolution, to which this news agency has had access, it is stated that the convicted persons have alleged that they have seen a violation - among others - of Article 7 of the European Convention on Human Rights, which establishes that "no one may be convicted for an action or omission that, at the time it was committed, did not constitute an infraction under national or international law" and which provides that "a more serious penalty than the one applicable at the time in which it was committed cannot be imposed either." that the infraction has been committed".

In this sense, the defenses have been against the Supreme Court's interpretation of the crime of sedition and the crime of embezzlement of public funds. On this point, it is worth remembering that the high court sentenced them to sentences of between 12 and 13 years in prison and disqualification.

The pro-independence leaders have also alleged before the ECHR that they have seen Articles 10 and 11 of the European Convention violated - in reference to the rights of freedom of expression and assembly - by having been convicted of sedition when "they had simply encouraged the people to participate in demonstrations in defense of the independence process and to participate in a referendum on the independence of Catalonia".

Within the framework of their appeals, some of those convicted have also relied on Article 5 of the Convention - relating to freedom and security - by considering that the time they spent in prison was "disproportionate." Likewise, they have made reference, among others, to article 6, which contemplates the right to a fair trial.

Their complaints have reached the ECHR after they exhausted the avenue in Spain when the Constitutional Court denied them protection.

It is worth remembering that last February the Supreme Court reviewed the sentences of the nine convicted as a result of the penal reform that eliminated the crime of sedition and modified that of embezzlement. This review was limited to disqualification sentences because prison sentences were pardoned by the Government in 2021.

In the case of Junqueras, the TS agreed to maintain the sentence of 13 years of disqualification, which means that he will not be able to aspire to any public office until 2031, by changing the crime of sedition to that of disobedience and maintaining the crime of embezzlement.

For Romeva, Turull and Bassa, it was considered pertinent to maintain the disqualification penalties for disobedience and embezzlement, ruling out a reduction in penalties by maintaining this last crime in its aggravated modality, with which they will remain disqualified until 2030.

For its part, the court convicted Sànchez and Cuixart for public disorder and Forcadell, Rull and Forn for disobedience. In their cases, this change in crimes meant the total extinction of their respective disqualification sentences.