The leaders of CKD doomed for 1-O they have asked the Third Chamber of the Supreme Court (TS) remove the magistrate and former president of the TS Carlos Lemes of the revision of pardons for his “lack of impartiality and for mediating direct interest” in the cause, the party reported in a statement.
According to ERC, there are “many arguments to defend that it is contaminated“and that it should not resolve the appeal on the pardons to the president of ERC, Oriol Junqueras, the former president of Parliament Carme Forcadell, the former minister Raül Romeva and the former minister Dolors Bassa.
ERC lawyers recall that Lesmes affirmedduring the Justice Forum of the Madrid Bar Association, in 2021, that the pardons were “difficult to accept“and that, at the opening of the judicial year 2022-2023, he criticized the dejudicialization of politics.
lemmes is part of the contentious-administrative section of the Supreme Court in charge of resolving appeals against the pardons for the pro-independence leaders imprisoned for 1-O presented by PP, Cs and Vox, among others.
In the defense’s opinion, his statements represent a clear pronouncement against the pardons, in line with the arguments of those who appealed them, for which reason he considers that the magistrate’s impartiality is “irremediably compromised.”
ERC lawyers have also provided a unfavorable report to the pardons of the TS sent to the Ministry of Justice and processed by Lesmes as president of the court, before his resignation: “This shows that he has directly participated in the object of the appeal in the exercise of a public office, which is also cause for recusal.”
In addition, they consider that the former president of the TS has incurred in a “lack of appearance of impartiality”, according to the European Court of Human Rights (ECHR).