The ECtHR and its stance on the amnesty law
The European Court of Human Rights (ECtHR) has refused to take a position on the amnesty law, as it considers that it would mean ‘interfering with a democratic process’. In a press conference this Thursday, the president of the court, Síofra O’Leary, defended that ‘a judge can never take a position on a bill because it would mean interfering in a democratic process’. So the ECtHR has refused to rule on the amnesty law pending its approval, but O’Leary has advanced that the court could, if it deems it appropriate, transfer more questions to Spain a once approved
On the 1st before the ECtHR
For more than a year and a half, the ECtHR has been working on the 1-O conviction, a case that it treats as a priority due to its importance in the field of human rights. Now, we have to wait for Spain to answer a series of questions from the court about the Supreme Court’s interpretation of the crime of sedition and embezzlement, as well as respect for the rights of association and expression. The ECtHR assured last year that the demands of the pro-independence leaders would be processed on a ‘priority’ basis, considering them ‘extremely important’. However, he kept a close eye on legislative changes and requests for a review of convictions. The demands linked to the Process have been grouped into 3 categories. The first includes the cases related to the political right of pro-independence leaders in pretrial detention; the second – the most numerous – with those convicted of sedition and embezzlement by 1-O; and the third are the cases referring to freedom of expression for the Constitutional Court’s veto on debates in Parliament.
The 9 political prisoners and their appeals against the conviction
The 9 political prisoners have filed separate appeals against the sentence of the Supreme Court, later ratified by the Constitutional Court. The first was the former president of Òmnium Cultural, Jordi Cuixart, just one day later, Jordi Turull surprisingly registering the document in June 2021. The last to do so were: Junqueras, Romeva and Bassa after the TC resolve their appeals. In general, all the resources denounce the violation of the right to a fair trial, and the rights to freedom of thought, expression and assembly. In addition, violations of political law and ‘abuse of power’ by the Spanish authorities were requested.
The questions from Strasbourg in Spain
The ECtHR is analyzing the appeals presented by those convicted of the 1-O against the Supreme Court ruling. However, the court has given Spain until the month of February to respond to a series of questions about the violations of fundamental rights reported by the pro-independence leaders. Among the questions posed by the ECtHR to the Spanish authorities is whether the Supreme Court applied an ‘unpredictable and expansive interpretation of the crime of sedition and embezzlement’ and whether the conviction was for a ‘legitimate exercise of their rights to freedom of expression’ ‘association and expression’, as defended by those convicted by the Process.
