After the failed investiture of Alberto Núñez Feijóothe moment of truth arrives for the negotiations of Pedro Sanchez with ERC and Junts, and specifically, for the amnesty for those prosecuted for the ‘procés’ of which so little is known so far. Six years after the hot autumn of 2017, the events of 1-O and the DUI could delete in the coming months the judicial traces that still exist in different courts. The judicial, but also political, future of the protagonists of those months depends on the outcome of this intricate negotiation, both the former prisoners and those on the run from Spanish justice and those still on trial today.
How far can the amnesty or who can benefit from it are just two of the unknowns that could be cleared up this October, and the governance of Spain in the legislature that has just begun. Below we review some keys to better understand what they are talking about when they talk about amnesty.
What were they convicted of?
In October 2019, the Supreme Court sentenced the 12 pro-independence leaders tried for four months for their participation in the ‘procés’ to sentences of between 9 and 13 years in prison. From an initial prosecution for the crimes of rebellion and sedition, the Supreme Court leaned towards the second crime and added the aggravated embezzlement of public funds due to its amount. An identical period of disqualification was added to all prison sentences.
What were they pardoned for?
All the prisoners of the ‘procés’ were definitively released from prison in June 2021, after the Government approved their partial pardon. Their full prison sentences were commuted, but their disqualification from holding public office for the same length of time as the prison sentence.
Was their disqualification reduced?
To alleviate the disqualification, the Government agreed with ERC on a penal reform that meant the repeal of the crime of sedition and the reduction of the crime of embezzlement when this does not include profit motive. In the case of those pardoned, sedition was replaced by disobedience (which does not entail jail time), but, except for Jordi Sànchez and Jordi Cuixart, whose disqualification penaltybecause that crime was commuted to one of aggravated public orders, the rest will remain suspended until 2028, 2029 or even 2030, as is the case of Oriol Junqueras. The Supreme Court considered that the embezzlement committed was still for profit and, therefore, was the most serious provided for in the Penal Code. Hence their disqualification sentences were not reduced.
What could they be amnestied for?
Unlike pardonwhich forgives all or part of the sentence, the amnesty It means forgiving the commission of the crime and, therefore, erasing it from the criminal record. Right now, for those who were imprisoned, it would mean lift the disqualification that they still comply with, so, for example, they could run for election again. The immediate effect of an amnesty law would be all-cause file open in Spain that are included in the amnestied cases. A foreseeable question of unconstitutionality constitutional Court or a prejudicial EU Court of Justice it wouldn’t paralyze the file while they are resolved.
Can there be a partial amnesty?
Limiting the scope and limits of the amnesty is the cornerstone of the negotiation. For example, the proposal that ERC and Junts brought to Congress in 2021 asked for amnesty for everything that happened “since January 1, 2013“, which included all the actions related to 9-N, 1-O and the DUI, as well as the riots in the street. It is assumed that the period will be the same and that all politicians prosecuted or condemned (without Laura Borraswhose cause was corruption), but around the policethe protesters and those investigated by the ‘Operation Catalonia’ There are important differences.
What other politicians can benefit?
If amnestied, Carles Puigdemontthe ‘ex-consellers’ Toni Comin and Lluís Puig and the general secretary of ERC, Marta Rovira, they could return to Spain without risk of being detained. Those who have regularized their situation, like the ‘councillor’ Meritxell Serretsentenced to one year in prison, the former CUP deputy Anna Gabrielpending trial for disobedience, and Clara Ponsatí, they would also see their procedures annulled. The same would happen with several cases due to the organization of 1-O that could still lead to prison sentences, such as the pending trials of ERC deputies. Josep Maria Jové and Lluís Salvadó and the trial against 28 former high-ranking officials of the Generalitat and businessmen.
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The ‘counsellor’ Natalia Garriga She is also prosecuted, but only for disobedience to the TC. In addition, Puigdemont and 34 other defendants have a trial in Court of Accounts on November 17 in which they face the payment of 3.4 million euros by the 1-O and the foreign action of the Government. An amnesty could forgive this debt and those convicted of 9-N could recover the assets they contributed to cover this amount.
What can happen to the police and the protesters?
Where the greatest number of accused accumulates is in the cases for the altercations after the 1-O rulingamong which stands out the one directed against an alleged CDR cell that is accused of terrorism and the possibility of prepare explosive substancesand that of the Democratic Tsunami, in whose dome the Civil Guard places Marta Rovira, although at least for now she is not formally charged. In addition to the independentists, there are almost fifty agents accused for their actions on October 1 to try to prevent the vote. The amnesty law could also mean the end of these procedures depending on the terms in which it is finally drafted.