2024-03-01 08:42:18
The decision of the Supreme Court to open a case against Carles Puigdemont for a possible crime of terrorism as a result of the “absolute leadership” role of the former vice president of the Generalitat in the violent acts carried out by Tsunami Democratic at the El Prat airport further complicates the negotiation between the PSOE and Junts to carry out the Amnesty Law. Socialists and independentists have until March 7 to reach an agreement on the rule so that the plenary session of Congress can debate and vote on a new opinion.
The countdown is already underway and without an amnesty law there is a possibility that the legislature will run aground. Everything is subject to a rule that Junts wants to also protect terrorism crimes, precisely the point affected by the case opened by the Supreme Court against Carles Puigdemont. The Government is confident that it will be able to reach an agreement with Junts, although Antena 3 Noticias can confirm that Congressional lawyers are studying the legality of a new extension of the deadlines. It is an option that the Executive does not rule out if the negotiation with Junts goes awry between now and next Thursday, March 7.
The Government and its partners, optimistic about a possible agreement with Junts
The Government hopes to reach an agreement before the deadline next Thursday and María Jesús Montero, first vice president and Minister of Finance, has confirmed that the negotiations continue in the field of “discretion” to work on an agreement, which she hopes will be “prior to the March 7 deadline for the Justice Commission to vote on a new opinion on the law.
Government partners have also begun to change their discourse and are more optimistic about an agreement on a new text of the Amnesty law. Sumar’s spokesperson in Congress, Íñigo Errejón, has acknowledged that he has reasons to be optimistic about the possibility of finally reaching an agreement with Junts.
“We believe that it will succeed. We believe that, above all, no one can answer the question of what is the alternative to the amnesty in terms of democracy, political stability and understanding between Catalonia and Spain,” explained Errejón.
Junts have wanted to separate the Supreme Court’s decision to investigate Puigdemont for terrorism with the negotiation of the amnesty law, but it is clear that the future of the former president of the Generalitat affects the possible agreement on the rule.
Puigdemont’s future, between the amnesty law, the European elections and a new court summons
Judge Susana Polo, in charge of promoting the investigation and taking the first steps, must summon Puigdemont to testify “as an investigator” and thus “advance in the processing of the case.” First of all, she must summon him voluntarily, but if the former Catalan president refuses to attend the summons, the judge would be forced to request a request from the European Parliament due to the status of MEP and the parliamentary immunity he enjoys. Puigdemont.
If Puigdemont remained in absentia, a national and international arrest and surrender order could be issued, but activating it would depend on the Belgian courts. Furthermore, the future of Carles Puigdemont depends in parallel on the European elections of June 9 and the amnesty law, which Junts and the PSOE are currently negotiating.
Carles Puigdemont can attend the European elections as long as he is not prosecuted for terrorism and the result of these elections may condition the legal case against the former president of the Generalitat. If Pugidemont does not obtain a seat in the European Parliament, his parliamentary protection would fall and the Spanish justice system may request his surrender, although the decision of a Belgian court would come into play again.
Furthermore, the amnesty law is the other factor on which Puigdemont’s future depends. The current rule, rejected by Junts in Congress, does not protect Puigdemont from the new case opened by the Supreme Court. Only a change in the norm, including terrorism crimes, could shield the former president, but the PSOE knows that the norm could then come into confrontation with the Constitutional Court and the Court of Justice of the European Union.
What does the Supreme Court establish in the case against Puigdemont and Wagensberg?
The Supreme Court unanimously agreed this Thursday to investigate the former Catalan president Carles Puigdemont, considering that he exercised “absolute leadership” in the organization Tsunami Democràtic and having no doubt that the facts fit into a crime of terrorism, a thesis that clashes with the criterion of the Prosecutor’s Office.
The order of the Supreme Court recounts in detail how the assault on the El Prat airport occurred in October 2019, after the sentencing of the independence process. The judges of the second chamber of the Supreme Court consider that these events may constitute a crime of terrorism. The magistrates open a criminal case against Puigdemont and the Parliament deputy Rubén Wagensberg and clarify that they will be summoned “in order to be heard as investigated.”
The Supreme Court clarifies that the facts fit into the crime of street terrorism derived from the commission of a serious crime against physical or moral integrity, or against freedom, among other legal rights, carried out to seriously disturb public peace, or to force public powers to carry out certain actions. And here “serious crimes against freedom, physical integrity, attacks, document falsifications, heritage and others have been committed by the members of the Tsunami movement.”
Furthermore, the Supreme Court reminds the Government and its partners that “the statement” that “only the actions of ETA or Jihad deserve to be treated as terrorism is incompatible with the definition of terrorism” included in the Penal Code.
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