The Public Prosecution Service has asked the Supreme Court to apply the amnesty to all conduct related to the 1-O independence referendum and the protests organized by the Democratic Tsunami Platform. In its reports, the Public Prosecutor's Office defends that all crimes related to that consultation and to the altercations that took place in Barcelona after the publication of the trial verdict must be erased, including those of embezzlement and terrorism that affect Carles Puigdemont. He also asks that the arrest warrant against the former president of the Generalitat be lifted.
The instructions were presented a day after the Council of Chamber Prosecutors, one of the bodies in charge of the prosecutor's career, supported the criteria of the State Attorney General, Álvaro García Ortiz, of ask that the amnesty be applied to all crimes related to 1-O. The meeting took place after the four prosecutors prosecuting the case at the Supreme Court rejected as “inadmissible” the Attorney General's order directing them to extend the amnesty to embezzlement. García Ortiz's position received the support of the minimum of the budget leadership.
A total of three briefings have been submitted to the Supreme Court, which has requested the Public Prosecution Service to rule on the application of the amnesty in the various open procedures related to the process. One of the reports concerns the pro-independence leaders who have already been convicted – and partially pardoned – by the 1-O organization against the decision of the Constitutional Court, such as Oriol Junqueras; another for those who were not prosecuted because they left for Belgium after the referendum, such as Puigdemont; and a third is about the part of Tsunami Democrátic that broke away from the National Court and was sent to the Supreme Court when it targeted two competent people: Puigdemont himself and Rubén Wagensberg (ERC).
Regarding the events related to the 1-O consultation, the two reports were signed by the Lieutenant Prosecutor of the Supreme Court, Ángeles Sánchez Conde, and one of the Chief Prosecutors, Joaquín Sánchez Covisa, after the four litigants refused to to form an opinion with a statement that they did not share.
Embezzlement without enrichment
Thus, the final writings state that all crimes should be granted amnesty, including the embezzlement that has focused the debate in recent days due to the difference in criteria between the four prosecutors of the trial and the Attorney General. The documents finally presented state that only in this way will the will of Parliament, which agreed by majority vote to adopt this standard, be respected.
For example, they emphasize that the embezzlement of funds to “finance, defray or facilitate” the independence consultations of November 9, 2014 and October 1, 2017 “falls within the scope of the rule” and will therefore receive amnesty. by a legal imperative” as long as “it is carried out without the purpose of enrichment.”
The prosecutors rely on several Supreme Court rulings to conclude that there was a “diversion of public resources” during the trial, but for the “sole purpose” of holding these consultations. They recall that the law was even significantly amended on this point during its parliamentary debate. to follow the recommendations of the Venice Commission. This body requested the law to establish “a closer causal link” between this consultation and the embezzlement.
This recommendation was reflected in “a precise and detailed definition” of the acts subject to amnesty, according to the preamble of the standard. Prosecutors also do not believe that the European Union's financial interests have been harmed by the holding of these referenda, which could be another reason for exclusion from the amnesty.
Regarding the defendants Puigdemont, Toni Comín and Lluís Puig demand that the investigation opened by Judge Pablo Llarena be archived and that the precautionary measures be lifted. And as for the already convicted Junqueras, Jordi Turull, Raül Romeva and Dolors Bassa, they ask that the crimes of disobedience and embezzlement – for which no pardon was granted – be expunged, that the civil and accounting responsibilities be extinguished and that the criminal records of all are wiped out. eliminated.
Tsunami terrorism
Regarding the Democratic Tsunami, Supreme Court Lieutenant Prosecutor Ángeles Sánchez Conde also requests amnesty for all crimes, including terrorism. The judge investigating much of this case at the National Court, Manuel García Castellón, is convinced that this procedure falls outside the law. Their argument is that these events happened terrorist acts and that two police officers were seriously injured, even though the protests were not organized by the platform.
On the other hand, the Supreme Court's lieutenant prosecutor claims that “it is clear that none of the facts investigated in this case deliberately caused a serious violation of human rights,” nor deaths, abortions, torture, or inhuman or degrading treatment. These are the exclusions provided for by law and which, according to the Public Prosecution Service's criteria, also have no influence on this case.