ANC President Jordi Sànchez will not be able to leave prison for electoral campaigning. Judge Pablo Llarena has rejected exit permits requested by ANC responsible to participate in campaign, as well as contacts with media and use of Internet outside control regime set by Soto del Real prison. In a car notified this Thursday, magistrate is based on doctrine of European Court of Human Rights concerning subjective rights of vote and of eligibility which established that y are not absolute rights, however important y may be, and that each state can Modular "provided that democratic participation does not lose its effectiveness and that limitations respond to legitimate ends and keep appropriate correspondence with reasons that promote m".More information
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The judge decided on 4 December to keep Sànchez in unconditional pre-trial detention by understanding that re is a risk of re-encouragement of "violent public mobilizations" such as those he believes promoted since ANC presidency. In this way, judge now warns, authorizations he claims to leave jail or participation in media, "would precisely enable situations of risk that prison has tried to conjure, because not only would y empower Impulse of immediate mobilizations, but can be exploited to propitiate that tumults are materialize in response to institutional conformation that results from elections, or in reaction to any political action that crystallize in mode that Rejects idea of prosecuted, as facts investigated suggest that it happened. "
The judge considers that candidacy of Junts per Catalunya in which Sànchez participates will not be harmed by his stay in prison because re are or members of list who can defend his idea. Llarena recalls, in addition, that Sànchez was presented as number two on that list being already deprived of freedom. "As much as it implies an obvious limitation for its participation in electoral campaign, neir does it imply inability to be elected nor does it imply a fundamental loss or alteration of effectiveness of right of democratic participation of those who share A political project that defends its constituency of electors or of prosecuted itself, since researched does not have today completely nullified its capacity to address electorate and, on or hand, its eligibility is linked in a favorable way to that of or members Of same candidacy, which do fully address campaign activities. "