This afternoon the PSOE registered the amnesty law in the Congress of Deputies, a necessary preliminary step for its approval. This measure will annul the “criminal, administrative and financial responsibility” of all people who committed crimes related to the independence process in Catalonia for more than a decade, between January 1, 2012 and November 13, 2023.
The beneficiaries of this law range from the highest echelons of the Catalan independence movement to ordinary citizens. With it, Oriol Junqueras is no longer disqualified from holding public office and Carles Puigdemont will be able to return to Spain without having to face justice. But the police officers accused of violent repression are no longer subject to judicial proceedings, as are the citizens who placed the ballot boxes in the illegal referendum of October 1, 2017.
There will be no compensation for convicts who have already served prison sentences and were sentenced to prison. Since the law is defined in time, it does not serve as an amnesty for similar events that may occur in the future.
According to the text, “acts committed with the intention of demanding, promoting or achieving the secession or independence of Catalonia, as well as those that have contributed to the achievement of such purposes”, “acts committed with the intention of calling, promoting or obtain the celebration of the referendums held in Catalonia on November 9, 2014 and October 1, 2017 by those who did not have the competence to do so or whose call or celebration was declared illegal, as well as by those who contributed to their realization”, or “acts of disobedience, whatever their nature, public disorder, attack on authority, its agents and public servants or resistance that has been carried out with the objective of allowing popular consultations to be held.”
The amnesty law, the document says, aims to “advance on the path of necessary dialogue”, “reinforce coexistence” and “return the resolution of a political conflict to the sphere of political discussion.” Once approved, judges will have two months to apply it, to avoid indefinite delays.
“Those who have had a judicial process have their sanctions and records cancelled. Those who have an open process have that process put to an end. It is about returning to politics what should never have left politics,” explained the Minister. of the Presidency, Félix Bolaños.
Acts that have caused “death, abortion or injury to the fetus, loss or disability of an organ or limb, loss or disability of a sense, impotence, sterility or deformation” are excluded from the amnesty. The law also excludes the crimes of torture or inhuman treatment, supported by article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Likewise, terrorist crimes will not be amnestied as long as they are subject to a final sentence.
Investiture ceremony
The rule, which was negotiated for weeks with the independentists of Left Republicana, first, and Junts per Catalunya later, was an essential condition for Pedro Sánchez to obtain the favorable vote of the two political formations, essential for his inauguration, which will have place this Wednesday is Thursday.
Once the agreement was reached with the parties, the socialists presented the law this Monday, which is signed by all the parties that will support the investiture, with the exception of the Canarian Coalition which, despite making Pedro Sánchez’s Government viable, has already announced that will vote against the amnesty law. Thus, the text has the support of PSOE, Sumar, the Basque Nationalist Party, Bildu, Esquerra Republicana, Junts per Catalunya and the Galician Nationalist Bloc.
The text, which consists of 23 pages, makes explicit references to the Spanish Constitution, and emphasizes that all the objectives to be achieved must be pursued within that same Constitution, without unilateral means. An important part of the text presented is dedicated to substantiating the constitutionality of this law, since the Popular Party has already announced that it will appeal to the Constitutional Court, in an attempt to reject the rule in court.
“It is an impeccable law from a Constitutional point of view. The amnesty law is fully applicable in democratic States and is absolutely in accordance with our Constitution and our legal framework. In fact, the Constitutional Court has already said on some occasions that no There are restrictions on the amnesty laws,” defended Bolaños.
Regarding the protests of these days, Bolaños wanted to leave a message of tranquility: “To people who have any concerns, we tell them to look to the future with optimism and tranquility. It is a constitutional law that will improve coexistence in Spain and will allow closing the injuries in Catalonia”.
Source: TSF
