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He insists that Spain has violated his right to an impartial tribunal and freedom of assembly
MADRID, 24 Ene. (EUROPA PRESS) -
The former president of Òmnium Cultural Jordi Cuixart has responded to the Supreme Court that the review of his sentence for the reform of the Criminal Code that repeals sedition does not "repair" what he considers to have been the violation of a series of fundamental rights and insists on that it will continue with its claim against Spain before the European Court of Human Rights (ECHR).
In a letter, to which Europa Press has had access, the defense addresses the magistrates of the court who judged the case of the 'procés' and who sentenced Cuixart to 9 years in prison for the crime of sedition. The Supreme Court had given the defenses and the prosecution 8 days to rule on the impact of the penal reform on the sentences set in October 2019.
In five pages, Cuixart alleges that the repeal of the crime of sedition "does not imply in any way an acknowledgment that the imprisonment and subsequent sentence" imposed on him by the Supreme Court "violated" his rights to a judge established by law, to a impartial and independent court, criminal law, freedom of assembly, not being subject to arbitrary detention and misuse of power.
Within the framework of the letter, the defense emphasizes that "despite the opening of this review file" it considers that "the violation" of said fundamental rights continues to be unrecognized.
"It is not repaired and guarantees of non-repetition are not established", he stresses while ensuring that "until this occurs, the sentence of the Kingdom of Spain before the Court of Strasbourg continues to be absolutely appropriate and necessary", in reference to the claim he filed before the European Court of Human Rights (ECtHR).
For Cuixart, with the reform of the Criminal Code, this reparation will not take place either in the form of a declaration or in the form of restoration of the damages that he claims to have suffered for having been imprisoned for 3 years and 8 months until a partial pardon was applied to him.
