The court of appeal of the Criminal Chamber of the Supreme court has rejected the appeal that Oriol Junqueras presented against his situation of preventive detention alleging that there is a risk of criminal repetition. Therefore, the dismissed vice president of the Generalitat and elected deputy of ERC must continue in prison.
Magistrates Miguel Colmenero, Alberto Jorge Barreiro and Francisco Monterde, who have reviewed the resource, consider unanimously that Junqueras could repeat the crimes for which he is being investigated, such as crimes of rebellion, sedition and embezzlement of public funds.
In this way, they have confirmed the judgment of the judge Pablo Llarena, in charge of the case, a criterion with which the prosecutor and the popular accusation exercised by the Vox party also coincide.
Regarding the fact that the permanence in prison of Junqueras affects their rights of representation of their voters, they point out that the exercise of some political positions does not impunity.
And so they reject his appeal against him car from last December 4 who confirmed his provisional prison situation without bail.
And they do it through another car, of which the magistrate has been rapporteur Miguel Colmenero, which highlights that defending the political option of independence for a part of the national territory is legitimate, but that this position must be advocated without committing any crime. “It cannot be spoken of political prisoners”, they emphasize in that sense on the defendants in this summary.
Which it is investigated is if Junqueras, says the car, led a plan of unilateral declaration of independence against the resolutions of the Constitutional Court, and rose up against the Spanish State, against the Constitution, against the Statute of Autonomy and against the rest of the legal system.
This behavior constitutes “an illegitimate act, very serious in a democratic state of law.”
The car notes that the evidence place Junqueras defending the declaration of independence outside any avenue of law and announced the firm will to breach the decisions of the Constitutional Court, inciting, along with the rest of the participants in the plan, its supporters to mobilize in the street and force the State to accept independence.
This meant assuming and accepting “foreseeable and highly probable episodes of violence to achieve the proposed purpose”, acts that actually occurred.
In this sense, the resolution recalls the acts of violence on the 20th and 21st September against a judicial commission in the Ministry of Economy of the Generalitat, as well as the call to cast the vote to thousands of people and open the polling stations for the illegal referendum on October 1 despite knowing that the Security Forces and Bodies of the State had the obligation to prevent it in compliance with the laws in force.
The Chamber indicates that not included or provided that Junqueras has participated personally executing specific violent acts, nor that he gave direct orders in this regard, but “through the public defense of unilateral independence and out of all consideration and respect for the law in force in the State of which Catalonia is a part”, it has incited citizens to do so.