The independence prisoners will ask the Supreme Court for freedom




Agencies | Drafting

“There is no probability that this will end in a conviction for rebellion”, has assessed Andreu Van Den Eynde, lawyer for Oriol Junqueras and Raül Romeva.

The defenses of sovereign politicians in prison preventive by order of the investigating judge of the cause of the ‘process’, Pablo Llarena, will ask for the provisional release of their clients next week after the German court decision ruling out handing over to President Carles Puigdemont by rebellion, since said resolution reinforces them in their arguments.

This was explained in a joint press conference by the lawyers Xavier Melero (Joaquim Forn), Marina Roig (Jordi Cuixart), Jordi Pina (Jordi Turull, Jordi Sànchez and Josep Rull), Andreu Van den Eynde (Oriol Junqueras and Raül Romeva), Mariano Bergés (Dolors Bassa) and Olga Arderiu (Carme Forcadell).

Likewise, Jordi Pina explained that an hour ago he presented an appeal for reform and subsidiary of appeal before Judge Llarena against the suspension of the elected positions and that the other elected attorneys, also that of Puigdemont, and Andreu will shortly do the same. Van Den Eynde has assessed: “There is no chance this will end in a conviction for rebellion.”.

The lawyers have explained that they will present individual appeals against the provisional prison next week in a coordinated manner to have more force and at a procedural moment in which the summary has been concluded: “They have not committed any crime that justifies their being in prison.” Marina Roig has assured.

Marina Roig: “They have not committed any crime that justifies their being in prison”

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Van den Eynde has assessed that the decision of the Court of Schleswig-Holstein to allow the extradition of Puigdemont only for embezzlement and ruling out the rebellion does not have a direct impact on its procedures, but “should move to reflection”.

For Olga Arderiu, the German decision “would be a good opportunity to lower the proposals” by the Prosecutor’s Office, although they also reject the criminal type of conspiracy to rebellion.

The answer that the Supreme Court gives now, for the lawyer of Junqueras y Romeva, can help to solve two problems and would suppose a “win-win”: to end the unjust situation of the prisoners and at the same time restore the prestige of the Spanish judicial institutions by making a more prudent use of preventive detention, in his words.

“This door that Germany opens for us should make us think that the most reasonable thing is for the prisoners to be at home”, has expressed Pina, since a priori this precautionary measure is foreseen for cases in which the life or physical or sexual integrity of people is at risk.

When asked about the trial and the possible delivery of Puigdemont only for a crime of embezzlement, Pina has considered a “very serious problem” that a leader who is asked for five years can sit on the bench, alluding to Puigdemont, and other defendants with penalties of more than 20 years.

The defense lawyers have denied that there is any negotiation with the Public Prosecutor’s Office and have assured that they do not foresee a pact, and with respect to their clients, Van den Eynde has sentenced: “The German resolution does not pave anything because there is no negotiation channel nor will there be” .

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Van den Eynde: “The German resolution does not level anything because there is no negotiation channel and there will be no”

Van den Eynde has stated that they all ask for the free acquittal of their clients and that if necessary they will reach the Court of Strasbourg, “even if it is a fine of ten euros”.

The lawyer Marina Roig has assured that they will not negotiate because no crime has been committed, and even less if it is reduced from rebellion to conspiracy because they defend that the sovereign process was peaceful at all times and that “no uprising was in mind “.

Asked if they consider that their clients will have a fair trial, Xavier Melero has stated: “I think there is a possibility of a fair trial because if I don’t have to open a pizzeria”.

Likewise, he has considered that they face the arrival of the trial as jurists having technical reason on their part and “with the conviction of the most absolute victory.”

Regarding Carles Puigdemont’s strategy, if it can have an impact on the processes in Spain, Pina has assured that they endorse it and that if they decide to go to the German Constitutional Court, “welcome it” because what they prefer is that they not extradite him for any crime .


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George Holan

George Holan is chief editor at Plainsmen Post and has articles published in many notable publications in the last decade.

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