Oriol Junqueras, president of ERC and deputy elect of Parliament of Catalonia, has asked Supreme Court Judge Pablo Llarena on Wednesday to order his urgent transfer to a Catalan prison and to authorize him to leave prison to attend plenary of Constitution of Autonomous Chamber of next 17th of January, as well as to different plenary sessions that are celebrated later, among m one of inauguration of future President, planned for week of 29 of January. The defense of Junqueras, entrusted to lawyer Andreu Van den Eynde, requests this transfer to facilitate "its activity of political participation" and to "be close to his wife and minor children".More information
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Junqueras's lawyer remembers that his client's vote, in prison since November 3, "It is undelegated" and its absence "would affect dynamics of majorities" in chamber, so "its role in plenary cannot be replaced", especially in session of I Nvestidura. Van Den Eynde recalls that condition of Junqueras's preventive prisoner implies only a limitation to his freedom, but not to his right to political participation.
"An elected member must be able to cast his vote and refore participate in plenary. Not doing so would modify parliamentary arithmetic and alter popular will expressed through its representatives in legislative chambers, "says Van den Eynde. A representative elected by citizens "must be able to exercise its essential political functions", recalls lawyer. "As much as his imprisonment incompatible daily assistance to legislative chamber or his participation in parliamentary commissions (where y could be replaced), he could not imply his failure to attend plenary or loss of his vote", which "would alter Parliament's very function "and" would distort right to political participation "enshrined in Constitution.
In addition, transfer to prison of Brians, closest to his domicile, "would imply also to guarantee personal rights of investigated as y are inherent ones to be less distance of his wife and especially of his children", of 2 and 5 years, indicates writing.
The lawyer bases his petition on UN Minimum Rules for Treatment of prisoners, so-called Nelson Mandela rules, which point out that " prison system should not aggravate inherent suffering" to situation of deprivation of liberty. In any case, he points out lawyer's letter, " transfer would not in any way hinder instruction as re is no pending personal diligence involving presence of Mr. Junqueras in court."