The Third Section of the National Court will hold an appearance next Thursday – a matter of prior pronouncement – of the parties involved in the trial of the so-called Defense Committees of the Catalan Republic (CDR), “a clandestine terrorist organization that planned attacks with explosives and incendiary substances,” according to the Prosecutor’s indictment. At that meeting it will be analyzed whether, after the entry into force of the amnesty law, the CDR trial should be annulled or not. The new rule, according to the lawyers of the defendants, implies the forgiveness of the crimes of their clients, given that the alleged terrorist acts attributed to them “have not caused death, abortion, injuries to the fetus or loss of an organ or limb. ”.
The prosecutor in the CDR case, Vicente González Mota, has not yet commented, although he should do so in the next few hours. His companions Tsunami casea case opened five years ago for terrorism and which is directed against 12 people, including former president Carles Puigdemont, have reported in both the Supreme Court and the National Court in favor of applying the amnesty law to those accused in this case.
The report prepared by Miguel Ángel Carballo for Judge Manuel García-Castellón, who instructs the National Court on Tsunami case, points out: “There is no evidence of the commission of malicious acts by any of those investigated that have caused death, abortion, injuries to the fetus or loss of a useful organ or member, as well as impotence, sterility or serious deformity. As has been said, the death of a tourist at the Prat airport has no causal relationship with the concentration called by Tsunami and, even less so, can it be attributed as fraud to any of those investigated. The same can be said of the injuries suffered by people present at the airport or by police officers injured in a demonstration not directly called by Tsunami in which, as injured police officers declare, the organizers were arrested (none of those investigated), and without that, under no circumstances, willful responsibility for these events can be attributed, not even to the person who had called the concentration, since there is no message or incitement of any inducement or provocation or cause of serious injury to any person, all of this without prejudice to the fact that there is no evidence of any evidence in the records. injury of the serious consequences established by the aforementioned article of exclusion from the application of the law [de amnistía]”. Carballo recalls that “despite the qualification maintained by the instructor and contradicted by the Prosecutor’s Office, considering the events as terrorism, it is not appreciated that the events have, even hypothetically, intentionally caused serious violations of human rights, particularly those regulated in Articles two and three of the Convention for the Protection of Human Rights and Fundamental Freedoms, which refer, as is known, to the right to life and the right not to suffer torture or degrading treatment.” The prosecutor of Tsunami case proposes in its report to “declare the extinction of criminal responsibility for the facts” investigated in the case.
In the case of the CDR, the prosecutor who handled the entire case was Carballo himself, who concluded in his indictment that “those involved formed a clandestine terrorist organization that planned attacks with explosives and incendiary substances.” In recent months, he was replaced in this case by Vicente González Mota, who must inform whether or not he proceeds to support the application of the amnesty law by the 12 members of the CDR prosecuted for terrorism. These people were part, according to the prosecutor, of a Tactical Response Team (ERT), an alleged “radical cell” created within the CDR to defend secession after the illegal referendum of October 1, 2017. The suspects wanted to obtain the “ independence” at any price, “using violence in its maximum expression.”
Article two of the amnesty law, which includes the cases excluded from the application of the rule and states in its section c: “Acts that, due to their purpose, can be classified as terrorism, according to Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on the fight against terrorism and, in turn, have intentionally caused serious violations of human rights, in particular those regulated in Articles 2 and 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, and in international humanitarian law.”
The interpretation that is being imposed in the Prosecutor’s Office, after knowing the first reports already sent to the instructors of the Court and the Supreme Court, is that the facts investigated in the Tsunami case and in the case of CDRs “they have not resulted in death, abortion, or the loss or uselessness of an organ or limbs.” Nor have they caused “serious human rights violations despite being execrable acts that could be classified as terrorism.” And for this reason, going to the text of the amnesty law, it must be applied to those accused or prosecuted in both cases.
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