A review of the performance of lawyer Xavier Melero
Criminal lawyer Xavier Melero, defender of President Artur Mas, has been the subject of criticism in recent days due to his actions before the European Court of Human Rights (ECtHR). The criticism refers to his inaction regarding Mas’s claim against the Spanish state for violation of rights following his conviction for organizing the consultation on 9-N 2014. In statements to RAC1, Melero has acknowledged the error and has publicly apologized for not having responded to the ECtHR’s allegations. He has admitted that he sinned out of pride and has expressed his regret for this attitude.
Xavier Melero’s reaction
Melero explained that he received requests from the ECtHR, but interpreted that it was not necessary to present them since they were written in a conditional manner. However, he has argued that the ECtHR could have resolved the case without this procedure. The lawyer has acknowledged that this error is unusual in his 30-year career and has apologized to Mas, who has accepted them. Melero has opened the possibility of presenting a complaint to the United Nations Human Rights Commission to achieve symbolic recognition of Mas’s reason.
The closure of the case by the ECtHR
Due to the absence of a response from Mas and Melero, the ECtHR has decided to close the case of Artur Mas against Spain without examining it. The court had asked Mas to provide his observations on the case, but received no response. Therefore, the ECtHR interpreted that Mas did not intend to continue with the lawsuit and dismissed the case.
The house d’Artur Mas
The case dates back to 2022, when Mas decided to bring the conviction for disobedience to the Strasbourg court as the person responsible for the organization of the 9-N of 2014. He was disqualified for a year and a month for breaching the providence of the Constitutional Court which provisionally suspended the consultation. Mas argued that the Spanish judiciary had violated the principle of legality and questioned whether the facts were of a criminal nature. This led to his claim for violation of human rights before the ECtHR.