The Supreme Court has opposed granting the pardon to the twelve leaders Catalan independentistas convicted of sedition, embezzlement and disobedience by the “procés”.
The Criminal Chamber has issued its report (which is mandatory but not binding for the Executive) in which refuses to grant the measure of grace, a decision that is already in the hands of the Government, which plans to resolve this issue in the summer after studying the opinions of the Supreme Court and the Prosecutor’s Office, both negative.
The magistrates consider that the principle of proportionality of the sentences to which they were sentenced has not been violated and that there is no proof or indication of repentance on their part.
They also underline that the arguments on which the various petitions for pardons made by third parties are based blur the meaning of the pardon because they draw a collective criminal responsibility and, in addition, they intend that the government correct the sentence handed down by the Supreme Court.
The Chamber affirms that the reasons invoked to support the total or partial extinction of the sentence imposed lose any justification “when those who have been presented as political prisoners authors of a mobilization aimed at unilaterally subverting the constitutional order, to overturn the ordinary functioning of the institutions and, finally, to impose their own conscience against the convictions of the rest of their fellow citizens “.
The report concludes that the penalty is no longer necessary when it has fulfilled the purpose that legitimizes its imposition. Thus, “the verification of the failure of the aims of special prevention, appreciable without the need for further argumentative efforts, obliges us to reject the pardon requested in favor of the convicted persons.”
They broke the democratic coexistence
The Chamber that considers obsolete about the meaning of the resocialization of the convicted person, “but this idea is not incompatible with the acceptance that a pluralistic society, inspired by democratic values, can demand by imposing a penalty that the breaking of the bases of coexistence is never the fruit of a unilateral decision, supported by the deceptive mobilization of a citizenry that is irresponsibly pushed to build a new state that only exists in the imagination of its promoters. “
They add the reports, one for each of the convicted, that even making the legal requirement of repentance more flexible, the Chamber does not see “a desire to reencounter the legal order impaired” by their actions.
“The message transmitted by those sentenced in the exercise of the right to have the last word and in their subsequent public statements is very expressive of their will to repeat the attack on the pillars of democratic coexistence, even assuming that the fight for their political ideals it would authorize citizen mobilization to proclaim the non-observance of the laws, the replacement of the head of the State and the unilateral displacement of the source of sovereignty “, the magistrates emphasize.
Cuixart’s “anti-democratic” words
The report cites the convicted of sedition and leader of Ómnium Cultural Jordi Cuixart, which in his reply to the Chamber affirms that everything he did he would do again because he did not commit any crime. These words are for the court “the best expression of the reasons why the pardon is presented as an unacceptable solution for the anticipated extinction of criminal responsibility.”