The Prosecutor's Office emphasizes that it is the responsibility of the electoral boards to control the legality of the candidacies
One of the EH Bildu candidates for the Gipuzkoan town of Astigarraga, Sara Majarenas, is disqualified from public office until April 6, 2028 in compliance with a sentence of the Criminal Chamber of the National Court of 2007 for integration into an organization terrorism, documentary falsification and illegal possession of weapons, as confirmed by legal sources to Europa Press.
This same Thursday at 12:00 noon, the candidate of the Abertzale party was notified of the liquidation proposal so that she is aware of it and can present allegations. Once all the parties have this provisional liquidation and respond to it -- including the Public Ministry -- it will be approved or not by the AN, according to tax sources. After this, it would only remain to know the pronouncement in this regard of the Electoral Board of the Donostia area, competent in this matter.
It should be remembered that it was this very Thursday first thing in the morning when it was revealed that the Dignity and Justice association (DyJ) had denounced before the Electoral Board of the Donostia area that Majarenas is ineligible due to this disqualification. The association reported that she was sentenced in September 2007 to 13 years and 2 months in prison and an absolute disqualification for a period of 10 years greater than the duration of the sentence imposed, and that she entered prison in February 2005 and was released in April 2018.
Thus, "taking into account that, as established in the sentence itself, the main sentence of absolute disqualification was imposed for a period of 10 years longer than the prison sentence imposed, and, having been released from prison on April 9, 2018, Sara Majarenas has not extinguished said main penalty of absolute disqualification," DyJ pointed out.
This letter has been sent, in addition to the area board challenging the list and seeking the annulment of Bildu's candidacy for that town, the Guipúzcoa Electoral Board, the Executory Service of the National Court and the Central Electoral Board ( JEC).
Hours after the complaint was made known, the National Court Prosecutor's Office reported that they had transferred to the Donostia area Electoral Board a ruling issued yesterday by the Criminal Chamber of the National Court regarding this Bildu candidate. In that ruling it was announced that the AN was going to study the specific case to find out when the absolute disqualification of the candidate would begin and end, a calculation that had not been done until today.
The Public Ministry pointed out in a note that the National Court was going to carry out the liquidation of the sentence of absolute disqualification that was imposed in a final judgment." And it pointed out that in view of this, the Public Ministry "has proceeded (. ..) to report it to the Zone Electoral Board, through the corresponding Prosecutor's Office".
However, from the Prosecutor's Office they point out that this circumstance does not undermine the decision taken on May 17, when they agreed to file the investigation proceedings opened by the Dignidad y Justicia (DyJ) complaint in relation to the 44 people convicted of their belonging to ETA that have been included in the electoral lists of EH Bildu. The Public Ministry then warned that there was no crime in that inclusion on the lists or cause of ineligibility.
Now, the note insists that the facts under investigation do not constitute a criminal offense and that it is the responsibility of the corresponding electoral boards to control the legality of the candidacies presented by political parties, federations, coalitions and groups that intend to run for the elections.
THE HISTORICAL-CRIMINAL SHEETS
But from Dignidad y Justicia they recall in their letter sent to the JEC that, despite the fact that the Prosecutor's Office indicated that the historical-criminal sheets of the convicted persons had been collected and that from the examination of this documentation no assumption of ineligibility of the provided for in the electoral law, they already focused on the fact that, given the existing precedents, there were anomalies when recording sentence executions because until 2015 "there was no practice of reflecting in the liquidations the expiration date of the disqualifications absolute or special imposed in sentence".
Thus, they pointed out that the ideal way to see if a sentence of absolute or special disqualification, specifically for a conviction of terrorism, has been fulfilled is not to go to the criminal history sheet of the convicted person "but to the liquidation of the sentence practiced by the Lawyers of the Administration of Justice of the Common Executory Service of the National Court".
In fact, the association requested in its letter that the Electoral Board of Donostia should proceed to request urgently from the Common Enforcement Service of the National Court the liquidation of the conviction of Sara Majarenas to verify documentary what they denounce, that she is "involved in a cause of ineligibility of article 6.2 of the Organic Law of the General Electoral Regime (LOREG)".
For its part, EH Bildu affirmed this Thursday that Majarenas was unaware that she was disqualified, and stressed that the Electoral Board proclaimed her candidacy without appreciating "any irregularity." In addition, in a statement she has assured that she, like all her other candidates, signed a Code of Ethics, confirming that they had their civil and political rights "intact", and that they were not "ineligibility causes".