2023-11-06 17:16:13
The former judge of the National Court (AN) Baltasar Garzón, deputies of Sumar as Jaume Asens and Enrique Santiagothe deputy of the commons Gerardo Pisarellothe lawyer of the process Jaume Alonso-Cuevillas —who came to represent the former Catalan president Carles Puigdemont— or the former progressive member of the General Council of the Judiciary (CGPJ) Concepcion Saez are among the more than 200 jurists who have signed a manifesto “for amnesty, democracy and coexistence”.
They also consist Nicolás García Rivas, Antoni Llabrés Fuster, Javier Mira Benavent and Guillermo Portilla Contrerasauthors of the proposal Sumar amnesty; the constitutionalists Javier Pérez Royo and Joaquín Urías; the ERC senator John Queralt; the also leader of ERC Joan Ridaó; who was vice president of the Government of Francina Armengol in the Balearic Islands John Peter Yllanes Suarez ( Podemos ), or the former socialist mayor of Fuenlabrada Manuel de la Ruby Rockwhose son currently works as an advisor at Moncloa.
In the text, the signatories express their support that “the parliamentary majority can pass measures such as an amnesty law to contribute to normalize the political situation between Catalonia and the State“.
Thus, they remember that “the objectives of the amnesties, according to the current international laware to encourage social reconciliation and contribute to the reestablishment of normal relations in the life of a country“.
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They emphasize that “the pardon, the renunciation of criminal action, amnesty or other equivalent legal figures have been used in different places in the world” than in Spain, normally. In France, Italy or Switzerland there are amnesty laws,” they have detailed, also citing the portuguese case.
In his opinion, “the only exclusive limit for the amnesty In our law, as in any civilized country, they are international crimes“crimes of genocide, crimes against humanity, war crimes, etc.”
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Furthermore, they are confident that “the Constitution does not prohibit amnestywhich operates on behavior, but does prohibit general pardons, which operate on final criminal convictions“.
In this regard, they emphasize that “the prohibition of general pardon did not prevent, on December 1, 2000, a single Council of Ministers of President Aznar (PP) from approving 1,443 pardons, without alleging any reason of general interest“.
“Nor did the PP oppose the pardon from which it benefited General Armada in 1988sentenced to 30 years in prison for being the person most responsible for the attempted coup d’état of February 1981, in which military forces They kidnapped the entire Government and the entire Legislative Branch“, they add.
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Along the same lines they refer to “the amnesty for tax crimes”, which “It has been used profusely in our democracy by all governments except the current one, including those of the PP, the most important being those of the years 1984, 1991 y 2012“.
“Pure demagogy”
In this context, they demand “that the destabilizing attempts and the attacks on normal functioning of constitutional institutions, allowing parliamentary processes and constitutional control processes by the Constitutional Court to decide, respectively. without pressure or interference on the approval of laws and the examination of its constitutionality, if applicable”.
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Along the way, they denounce that “there is trying to artificially generate a legal problem by those who violate the Constitution every time it interests their political objectives, failing to comply with the development of social rights, failing to comply fundamental rights of the people and instrumentalizing the institutions in a partisan manner, as is the case with the blockade of the renewal of the General Council of the Judiciary since Five years ago“.
“A CGPJ that, instead of assuming its outdated reality and contrary to the norm, breaking its institutional rolewhile failing to comply with its obligations and deadlines for the mandatory reports on regulatory projects of systematic wayor is incapable of regulating the workload of the judiciary, makes political positions unrelated to its function on future legal texts and on the political situation as if it were a party“, they reproach.
In his opinion, “it cannot but be described as pure demagogy that organizations of jurists with mere partisan purposes describe regulatory processes that have not yet begun as traps, or define apocalyptically as the beginning of the end of democracy, the approval of norms in parliamentand by qualified majorities”.
The former judge of the National Court (AN) Baltasar Garzón, deputies of Sumar as Jaume Asens and Enrique Santiagothe deputy of the commons Gerardo Pisarellothe lawyer of the process Jaume Alonso-Cuevillas —who came to represent the former Catalan president Carles Puigdemont— or the former progressive member of the General Council of the Judiciary (CGPJ) Concepcion Saez are among the more than 200 jurists who have signed a manifesto “for amnesty, democracy and coexistence”.
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