The State Attorney General summons the Supreme Prosecutors to unify criteria
The Attorney General of the State, Álvaro García Ortiz, has summoned the four Supreme Prosecutors of the process to unify criteria in the application of the amnesty law and close divisions. This call took place this Thursday, the same day that the Congress of Deputies has definitively approved this rule that erases all responsibility for promoting the independence of Catalonia.
The causes that cannot be amnestied
The prosecutors of the Supreme Court have warned their superior that the 1-O embezzlement cannot be amnestied, according to sources present at the meeting. This means that the causes that affect President Carles Puigdemont, and former councilors in exile Toni Comín and Lluis Puig, and convicted and pardoned political prisoners, such as ERC leader Oriol Junqueras, and Junts general secretary, Jordi Turull , as well as the ex-charges of Junts and ERC pending trial at the TSJC and the 13th District Court of Barcelona, will not be amnestied.
Working meetings to coordinate the actions of the Prosecutor’s Office
The State Attorney General’s Office (FGE) has informed that the meetings with the prosecutors aim to coordinate the actions of the Prosecutor’s Office in all jurisdictional orders and in all instances. In addition to the Supreme Court prosecutors, the prosecutor who acts before the Court of Auditors has also been summoned. During these meetings, the procedural paths for the application of the law in all the cases to which it affects have been addressed.
The arrest warrant in the hands of judge Llarena
Supreme Court prosecutors are questioning whether the arrest warrant in Spain for Puigdemont and the former councilors can be lifted. The amnesty law indicates that the lifting of this precautionary measure must be immediate. The final decision is in the hands of the examining judge of the Supreme Court of 1-O, Pablo Llarena, who must decide whether to comply with the law or raise a query to the Court of Justice of the EU (CJEU).
Meeting with the prosecutors of Catalonia
The Attorney General of the State, García Ortiz, will receive in Madrid the superior prosecutor of Catalonia, Francisco Bañeres, the four provincial prosecutors and the six heads of area. During this meeting, issues related to cases against activists and protesters will be addressed, as well as the pursuit of mayors to allow the 1-O vote.
Embezzlement and the amnesty law
There is a shared consensus in the Prosecutor’s Office about the embezzlement of funds and the 1-O. The Prosecutor’s Office already showed its position and did not accept the reform made by the PSOE and ERC which maintains that a lesser punishment will be applied if the use of public money does not involve personal enrichment. The amnesty law includes this crime, but the Supreme Court will submit a query to the Court of Justice of the European Union (CJEU) to clarify whether corruption crimes, such as embezzlement, can be amnestied and are respectful of the law of the union
Pressures and discrepancies in the Prosecutor’s Office
The Attorney General of the State, García Ortiz, has received opposition from the majority group in the Prosecutor’s Office, dominated by the Association of Prosecutors (AF), for not allowing the debate and for not making a report on the amnesty law of the Process. In addition, the Supreme Court accepted the complaint against his appointment and ruled out removing the magistrates that García Ortiz objected to, considering that they had lost their impartiality.