The Supreme Court will finally be charged with investigating by rebellion entire dome of Generalitat's destitute. Judge Pablo Llarena took on Friday procedure opened in national audience against Carles Puigdemont and all advisers of his government ceased, cause that it will unite to which already instructed and by which are imputed members of table of Parlament. Llarena will also investigate leaders of ANC and Òmnium independence associations.Learn More
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- The Judge Lamea facilitates possible release of ' Exconsellrs '
- The prosecution opposes causes of rebellion in Catalonia to accumulate in supreme
Llarena agreed to decision that part of judicial dome and defenses of all independentist leaders investigated had been waiting for weeks. The division of competencies set by supreme Instructor implies that High Court assumes procedure of 22 investigated by rebellion ( president and directors ceased Govern, officers who processed resolutions Independentists and leaders of ANC and Òmnium) and national audience is left with those encased for sedition ( chief of Mossos Josep Lluis and Intendant Teresa Maplana).
The resolution of Llarena opens way for imprisoned Exadvisors to testify in supreme and this magistrate, who did not send to unconditional prison to Carme Forcadell and rest of members of Bureau, review precautionary measures imposed by Carmen Lamea to Members of government. However, Llarena has not yet quoted m to testify and, according to sources consulted, can wait for ir lawyers to ask, something that defenses of some of imprisoned have advanced this Friday that will do as soon as possible. The Exconsellrs who concur in electoral lists of 21-D have asked to recover freedom before next December 5 starts election campaign, for which Llarena would have to interrogate m next week or at beginning of next.
In car, magistrate argues his decision to assume all cause in which facts allegedly committed by Govern and ANC and Òmnium leaders cannot be separate (y are "inescindibles") from those committed by officers to whom supreme already investigab A. The judge Lamea sent this week to High Court, at request of Llarena, a report with facts attributed to independentist leaders investigated at national hearing. And, according to instructor of supreme, se facts are "fully coincidental" with those attributed by prosecution to members of Bureau whom he investigates. Llarena, as lame, considers that independence process is result of a joint strategy developed by executive power ( Govern), legislative (Parlament) and civil society (led by Jordi Sànchez and Jordi Cuixart, leaders of ANC and Òmnium, respectively), so it is not possible to investigate m separately.
The decision by Llarena ignores prosecutor's judgement, which has been pronounced against unifying investigation. The main argument of Public Prosecutor's Office was that supreme should confine himself to investigating members of Bureau because y are only ones who, after having dissolved Parlament, maintain condition of flasks. But in his car, Llarena explains that Supreme Court's doctrine is that this Tribunal is competent to investigate facts committed by non-gauged people when "a inescindible material connection is appreciated" with facts that people are being investigated for Gauged.
The judge of hearing, in report he sent to supreme, changed crime of rebellion (which requires a violent uprising) by that of sedition (which persecutes those who rise "tumultuariamente"). However, Llarena believes that re remains evidence that procés leaders were able to commit rebellion, punishable by up to 30 years in prison.
In attribution of this type of penal to all prosecuted of procés is key for supreme to assume cause, since rebellion is always a collective crime (it takes a group of people to commit it), and that, according to instructor, "marks need of Enjuici Accompanying set ".
From car of Judge Llarena, are under investigation of supreme a total of 22 people: Expresident Carles Puigdemont and four Exconsellrs whose delivery Spain has claimed to Belgium (Antonio ate, Clara Ponsatí, Lluis Puig and Meritxell Serret), 8 Exconsellers who are in pre-trial detention in Spain (Oriol Junqueras, Jordi Turull, Josep Rull, Raül Romeva, Meritxell Borras, Joaquim Forn, Dolors Bassa and Carles Mundó), Exconseller on bail Santi Vila, and former presidents of ANC and Òmnium Cultural, Jordi Sánchez and Jordi Cuixart, in addition to President of Parlament, Carme Forcadell, and five members of Mesa del Parlament who were already investigating.