The legal battle of the separatists in Europe
After the 1-O referendum, and with the departure of part of the pro-independence leaders into exile and the imprisonment of the other, the political dispute moved to the courts. Since then, and perhaps with a touch of naivety, the pro-independence movement placed great hope in European justice. And it is true that important victories were achieved, such as the refusal of the German courts to hand Carles Puigdemont over to Spain to be tried for rebellion (yes, for embezzlement, which is the case he currently faces), or the obligation in the European Parliament to accept Puigdemont and Toni Com as MEPs (he stood for election despite being in prison). But the truth is that there have also been defeats, and, furthermore, the victories have not served to change reality or thestatus quo.
This week, the European Court of Human Rights (ECHR) ruled against cases brought by Quim Torra and Josep Costa for Pegasus spying, in this case because all internal procedures in this regard had not been exhausted, except in one case, that of the judges who signed a manifesto in favor of the right to decide and who were investigated for that reason.
Obviously, all cases must be followed through to the end and the conduct of the Spanish justice system must be exposed, but it is also necessary to acknowledge the limitations of the judicial front and the error of having, in general, placed too much hope. Generally, European court rulings arrive too late and have a limited impact. Consider, for example, the case of Arnaldo Otegi, who won in Strasbourg after having already spent six years in prison, and then the Supreme Court sought to retry the trial. Fortunately, the Constitutional Court ruled in favor of Otegi and prevented such nonsense. The conclusion is that these victories are often merely symbolic.
In the case of the 1-O case, the ruling may come in the midst of another legal battle, which is the one currently taking place regarding the application of the amnesty. If the ruling on October 1st and the various open cases (with surreal cases like the alleged Russian plot) already presented clear signs of malpractice (and bad faith), the refusal to apply the amnesty has just confirmed the reality that the Spanish justice system refuses to apply the mandates of another democratic power, the legislature. Regrettably, the avenue that has so far proven most effective in twisting the arm of these judges is through politics (with pardons, for example), rather than through the European courts.
