The President of Parliament, Roger Torrent, has postponed sine die inauguration of candidate Jordi Sànchez, after defense of imprisoned he has communicated that he will file a lawsuit next Monday 12 March before European Court of Rights Human (ECHR). "The demand for precautionary measures before ECHR is reserved for specific cases where irreparable damage can occur," Torrent said.
According to President of Parliament, "in this case, it could violate right to political participation of Sànchez, while he is a deputy elected and can be elected president if majority decides." The plenary was convened for next Monday Day 12 but this same Friday, Judge Pablo Llarena has denied freedom requested by former president of ANC Jordi Sanchez, as well as extraordinary permissions to be able to go to Parliament of Catalonia to act of Investiture scheduled for next Monday. The magistrate has based his decision on risk of criminal reiteration, emphasizing that crimes he is investigating were deployed precisely from legislative and executive actions.
The lawyers of Parlament already concluded when y studied candidacy of Carles Puigdemont that candidate has to attend plenary of investiture, same conclusion to which Constitutional Court arrived after. With this premise, car dictated yesterday by Judge Pablo Llarena closes door to proposal of Junts per Catalunya and ERC so that next Monday can be insured by Jordi Sànchez.
The judge's decision was expected, although re were doubts as to how he would argue that a defendant who is not yet indicted should be prevented from exercising his right of representation. The instructor admits that article 23.1 of Constitution recognizes right to participate in public affairs, but recalls that this ability can be limited if re are "constitutionally legitimate" reasons and considers that, in this case, re are.
Llarena, who has rejected both Sànchez's request for release and temporary permission to go to investiture plenary, argues that allowing former president of ANC to go to chamber to be invested "does not imply but favor criminal reiteration that It tries to conjure itself "and recalls that plan of unilateral rupture which was followed in previous legislature still has adepts in Junts per Catalunya, list in which Sànchez concurred as number two. That former president of ANC is candidate for investiture furr reinforces risk of recidivism, says Llarena, because crimes that are being investigated were deployed precisely from government and from Parliament, two institutions to which Try to access Sànchez.
In a 26-page car, instructor furr states that his decision does not infringe right of electors to have ir political representation taken over by former president of ANC for a number of reasons. The first, because it affects a candidate who was already in prison when he joined electoral list and also adds Llarena, at that time "did not offer to his constituents leadership that now claims."
The judge also stresses that candidacy of Junts per Catalunya presents or members "in which risks are not appreciated" in case of Sànchez. Finally, judge argues that he is not depriving former president of ANC of being able to participate in Parliament through delegation of vote.
The defense of Sanchez had alleged precedent of Juan Carlos Yoldi, prisoner of ETA that Herri Batasuna presented as a candidate for Lehendakari in 1987 and was able to attend an investiture session in which he was not elected. Llarena considers that both situations are not comparable because Yoldi was accused of belonging to armed band and to go to Basque Parliament did not imply a risk of criminal reiteration, but of escape, for which a security device was established. However, in case of Sànchez a supervised driving does not guarantee a safe transfer, "even less in who has used his leadership in overflowing and surpassing force that a democratic state can apply for observance of Law".
Llarena has dictated his decision without waiting for writings of accusations. The prosecution filed it an hour before judge dictated car and essentially coincides with instructor's arguments. The Public Prosecutor's Office asks you not to access Sànchez's application because re is an "extraordinary risk of criminal reiteration" that is reinforced by agreement between PDeCAT and ERC known this Thursday in which y offer CUP a "constituent process" and anor new Inquiry.
The prosecutor's opposition to temporarily release Sànchez to attend inauguration is based on severity of crimes of rebellion and sedition attributed to former President of ANC and of which "new and important evidence" has been accumulated concerning Especially to existence of violence and or "directly attributable" elements to Sànchez.
The Prosecutor also considers that risk of criminal reiteration (decisive for assessing pre-trial detention) is "extraordinary" and that this has been reinforced by agreement between two main independence parties diffused on Thursday.
Llarena denega la llibertat i el permís per a la investiture de @jordialapreso. Quan la Prevaricació enters per la Porta, Llibertat Col · workload Salta per la Finestra. Llibertat!