This Tuesday, the Constitutional Court rejected the precautionary measure requested by six convicts of the case of the ERE of Andalusia to have the prison sentences imposed on them suspended while the merits of their appeal for protection against the Supreme Court ruling are being studied. Of the 12 convicted in this case, half have been serving custodial sentences since the end of last year or the beginning of this year. Among those who have not gone to prison is the former Andalusian president José Antonio Griñán, who, despite having been sentenced to six years for embezzlement and prevarication, never went to prison for health reasons. The forensic doctor advised that Griñán could remain free to receive treatment for the cancer he suffers from and this was decided by the Seville Court; Therefore, the former president withdrew the request for suspension of the sentence.
The former Employment Councilor of the Board, José Antonio Viera, was also sentenced for embezzlement and prevarication, in this case to seven years in prison. Viera, however, is in the third degree of prison, a regime of semi-freedom. He is also undergoing medical treatment. He was in jail from January to June.
Those condemned in case of the ERE who after said releases remain in prison – and are, therefore, those affected by the denial of the precautionary measure agreed by the Constitutional Court – are Francisco Vallejo (former Minister of Innovation), Jesús María Rodríguez (former vice-minister of the same department), Antonio Fernández ( former Minister of Employment), Carmen Martínez Aguayo (former head of the Treasury), Miguel Ángel Serrano (former general director of the Idea Agency) and the former vice-minister of Employment Agustín Barberá, who also claimed illness but went to prison in April.
Against the merits of the matter, the ruling of the case of the ERE, 12 appeals for protection were filed for alleged violation of fundamental rights. These challenges continue and will be resolved over the coming months.
The rejection of the precautionary measure requested by the convicted persons has been essentially based on the doctrine of the Constitution itself, in the sense of not suspending (except in exceptional circumstances) the fulfillment of prison sentences of more than five years.
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