2024-07-25 17:44:34
The National Court has taken precautionary measures for the twelve CDRs accused of terrorism, including the withdrawal of passports and court appearances, while deciding whether to refer the amnesty law to the Court of Justice of European Union (CJEU).
In a ruling, which EFE has access to, the court accepted the request of the defense, noting that “Article of the law of amnesty that establishes that the personal precautions imposed on those who investigation must be of “immediate” interest. Specifically, as this newspaper has previously published, three of the CDR members who were accused asked the National Court to register the case against them when they used the Freedom of Information Act.
In the coming days, the National Court must decide whether to place a preliminary judgment before the CJEU due to doubts that the amnesty law includes the crime of terrorism, which the court believes can “significantly” contradict local law. Under the requirements of the judges of the Third Section of the court, there are reasons to understand that granting amnesty to those investigated by the Amnesty Law may be a “patent violation” of local regulations due to the awareness of this crime in the EU. The judges noted that the Amnesty Law for “procedures” is “in a way contradictory” because it intends to leave the possible benefits “those that represent serious violations of human rights, especially against the right to life chance. “, when the Europeans on the fight against terrorism do not distinguish between the various levels of “high and low intensity” terrorism, as they believe it is intended to be reflected in the contents of the Law to have these twelve leading activists prosecuted .
In the event that the court raises this first question, the case opened against the 12 CDR accused of preparing an antidote against the states in violation of the procedural justice will stop the European justice system from doing judgment on the legal process of the amnesty.
The decision on the application of amnesty to the accused CDRs will also be suspended. However, the precautionary measures set to release them pending investigation will no longer be in force: the ban from Spain and weekly appearances in court.
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