The failure of amnesty: 40% of separatists still do not have it a year later

MadridThe week of the first anniversary of the amnesty, which falls this Friday, May 30, began with the presentation of Manuel Marchena's book Justice THREATENED (Espada). Coincidence? Be that as it may, the presiding judge of the Trial of the Process refrains from mentioning the most controversial law of the legislature within its pages, although it's no discovery to say that Marchena and the judicial right he leads view the amnesty agreed upon by Pedro Sánchez with Carles Puigdemont as one of the main threats to the courts' performance. This explains the fierce opposition maintained within the Supreme Court against its implementation, with the October 1st case pending before the Constitutional Court and the subsequent decisions of the amnesty's opponents: primarily Marchena and the investigating judge of the case, Pablo Llarena, but also the National Court—which houses the Court of Auditors.

According to the report prepared by Òmnium Cultural, 40% of amnesty requests in criminal or accounting proceedings have been denied or are pending resolution. This is not a complete snapshot due to the difficulty of obtaining all the information, but the organization assures that it is as accurate an estimate as possible. Of the 1,610 people eligible for amnesty, 726 are in the criminal and accounting fields, and of these, 394 have requested amnesty. A total of 178 people have been granted amnesty (45%) and 158 have not yet been granted amnesty (40%).

Specifically, 35 have had their requests denied – this is the case of Puigdemont, Oriol Junqueras and the rest of those accused of embezzlement in the Supreme Court –, 48 are awaiting resolution of unconstitutionality issues in the Constitutional Court or preliminary rulings in the CJEU – for example, the CDRs accused of prevarication in the TSJC and those accused in the Court of Auditors – and there is no record of a judicial response for 75.

Òmnium denounces the "judicial boycott" of the amnesty, and in a media address this Friday morning, the organization's president, Xavier Antich, demanded an end to the political and legal "excuses and tricks" that attempt to stop the "inevitable." Along the same lines, ERC leader Oriol Junqueras accused the judiciary of "rebellion" and "playing politics" with the amnesty law. In a statement read from the party's headquarters, the Republican leader lamented that the judges have managed to "delay" the implementation of the amnesty law and called on them to enforce it. "This demonstrates how there is a section of the judiciary that continues to bypass the legislative branch," he lamented. Junqueras also defended, however, the option of pardons: "All avenues contribute to restoring the justice system that has been violated."

Regarding the administrative area—mainly fines—the Department of the Interior informed the Catalan Parliament that 884 sanctions had been imposed. Òmnium has only been able to identify that 21 people have had their fines returned under the amnesty, 19 requests have been rejected, and two are pending a response. For the vast majority, therefore, there is no information on the status of the procedure, and the organization suspects that this is mainly because many people are unaware that they can request a fine refund under the amnesty law. Therefore, they are asking the administration to do so ex officio or for those affected to contact Òmnium if they want advice on this matter.

Aside from the pro-independence group, the amnesty has already benefited 170 officers from the state security forces, and only four have not received it. That is to say, for the police, the amnesty has been almost completely effective, despite their political opposition.

A success?

"The amnesty is already a success. Political and social normalization in Catalonia is already a reality." These were the words of the Minister of the Presidency and Justice, Félix Bolaños, in an appearance a few months ago in the Senate. The phrase makes it clear that the PSOE and the pro-independence parties have enacted an amnesty for different reasons: the Spanish government needed Junts' votes for the investiture, and its underlying motivation is "pacification" in Catalonia. "We wanted independence, and they distracted us to achieve a negotiated amnesty, which has benefited the State above all, and after the mistake of deactivating the streets," laments Alerta Solidaria, the anti-repression organization of the pro-independence left, which has also compiled a tally of cases.

For its part, Junts also staged a crisis with the PSOE at the beginning of the year and, among other things, criticized the Spanish government's interpretation that there is no longer a political conflict between Catalonia and the Spanish state. Beyond that, the truth is that the amnesty has not yielded the results it should have, especially for political leaders. Puigdemont is awaiting the closure of his legal case, but also what has been called "political amnesty," that is, recognition as a valid interlocutor. Sánchez promised a year and a half ago that he would meet with the former Catalan president, and this snapshot has yet to arrive—not even from the president of the Generalitat, Salvador Illa.

Europe on the horizon

The judicial right's crusade has the decision on the amnesty in Europe's hands. Some have already filed preliminary questions, and others may end up doing so, as the Supreme Court has hinted in the case of October 1, with the aim of delaying its application as long as possible. Sources from the high court reiterated the amnesty. The president, Cándido Conde-Pumpido, will call a specific plenary session. the week of San Juan to respond to the PP's appeal– will not derail him. The Supreme Court maintains that the same law rules out cases of embezzlement like the one on October 1, so the scenario for Puigdemont if he wanted to return to Catalonia once the Constitutional Court rules would be the same as it is now: arrest.