The head of Carles Puigdemont’s office, Josep Lluis Alay, has urged to the Barcelona judge Joaquín Aguirre to apply the amnesty law to those investigated in the recently opened judicial process for the alleged Russian plot in the process. The defense of the trusted person of the former Catalan president criticizes the magistrate’s actions and assures that “we are facing a resolution that is not only not in accordance with the law, but also openly prevaricating and disobedient that has been created from an improper use of public funds to maintain a political persecution that is not compatible with the rules of a democratic state and the rule of law”, while describing the new case as an “unusual procedural adventure”.
Alay’s representation recalls that the amnesty law establishes that only acts classified as treason are excluded from this measure, a crime that the judge includes in his order opening the new case, “provided that both an effective and real threat has occurred. as an effective use of force against the territorial integrity or political independence of Spain”, in the terms established by the UN on international law and cooperation between states. According to the lawyer for the head of Puigdemont’s office, “we are faced with cumulative requirements that, as is public and well-known, from any rational perspective, do not occur in the present case” and, therefore, “the acts intended attribute” to Alay and 12 other investigations “fall squarely within the objective scope” of the amnesty law.
The real and effective threat
According to Alay’s defense, “nothing described” in the order of June 21, 2024 opening the new case “meets the requirements – cumulative – that the legislator has provided for the exclusion sought by the investigating magistrate”. In his opinion, “it is not a question of whether or not the attributed acts fit” into the crime of treason, but rather whether or not these actions “have produced both an effective or real threat” and the use of force. “It is evident,” maintains the lawyer, that “an effective use of force has not occurred beyond a dimension parallel to reality.” “None of this happened and we all know it,” he argues. And add that the non-application of the amnesty “will be nothing more than an arbitrary and aberrant interpretation” of the applicable norms.
Judge Aguirre initiated new proceedings for the “technical-procedural objections”, according to him, raised by the Barcelona Court when it annulled the extension of the investigation into the Voloh case, from August 2023, and, therefore, he could not continue investigations in this procedure. For this reason, it opened this procedure through the Catmon/Igman case, in which the alleged internationalization of the process with public subsidies through these entities of the independence orbit, directed by Víctor Terradellas, former head of international relations at CDC, is investigated. and the deputy Francesc Dalmases, and the “financial support of the governments of Russia and China” for an independent Catalonia.
2024-06-26 19:55:50
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