Neither Puigdemont, nor Junqueras, nor the CDRs, nor Jové nor Salvadó: the amnesty, stalled

BarcelonaIt has been almost two months since the Court of Justice of the European Union (CJEU) endorsed the amnesty, but, for now, nothing has moved forward. Spanish courts continue to keep numerous cases blocked, even those directly affected by the CJEU's decision, such as those of the CDR and the Court of Auditors. The latest decision, from this Thursday, comes from the High Court of Justice of Catalonia (TSJC), which keeps the case against Josep Maria Jové and Lluís Salvadó, two of those responsible for the underground government of October 1st, suspended. In 2024, the TSJC presented a preliminary ruling request to European justice asking whether embezzlement could be amnestied. Since the CJEU has not yet responded to this question, the magistrates Fernando Lacaba, Jesús María Barrientos, and Carlos Ramos –who signed the order– reaffirm their decision to continue waiting.

In the month of July, the CJEU ruled that in the case of the CDR, accused of terrorism at the National Court, and also in that of the Court of Auditors, where members of the Government are being prosecuted for the expenses of the referendum and the external action of the Generalitat, the amnesty was fully applicable. But neither of the two bodies has moved in this direction, according to legal sources explaining to ARA. The CDR, awaiting trial with sentences that could reach 27 years in prison, urged that the amnesty be applied to them, but they are still pending the response of the National Court.

Regarding the Court of Auditors, instead of directly applying the grace measure, it opened a procedure to determine what the next step should be after the decision of European justice. Even this very week, Societat Civil Catalana, one of the accusing parties, has tried to prolong the process with a new document in which it demands clarification on where the money used in "the expenses derived from the October 1st referendum" came from. A dilatory diligence that, in fact, goes beyond the case that was being investigated.

Embezzlement

The main focus of the dispute has been on embezzlement from the beginning. The Supreme Court decided not to grant amnesty to Oriol Junqueras, Raül Romeva, Dolors Bassa, Jordi Turull, Carles Puigdemont, Toni Comín, and Lluís Puig because the first four have been convicted of embezzlement and the last three are being prosecuted for this crime. The argument of the president of the chamber that tried the 'Procés', Manuel Marchena, and the investigating judge, Pablo Llarena, is that they cannot be granted amnesty because they benefited indirectly from the referendum expenses: they innovated legally by arguing that since they did not have to pay money out of their own pockets, they saved it and, consequently, obtained an indirect benefit. Amnesty covers embezzlement provided there is no profit motive, that is, personal enrichment.

In two weeks' time, starting September 22, the Constitutional Court will begin to study the appeals for protection (recursos de amparo) that have reached it to decide whether the Supreme Court's interpretation complies with the law. It is expected that they will resolve the appeals before the end of the year, and that is when it will be the Supreme Court's turn to make a move. Depending on the clarity with which the Constitutional Court pronounces itself, the margin of maneuver for Marchena and Llarena will be larger or smaller, although legal sources consulted by ARA do not rule out that there may be another clash.

Regarding the TSJC, Jové and Salvadó are also accused of embezzlement – they have not yet been tried – and the court has decided to wait for the response from European justice. When it responds, it will also be clarifying regarding this crime, although there is no specific date. Their lawyers interpreted that after the CJEU decision in July they should have already been granted amnesty and filed a petition for that to be the case, which has been denied.

Amnestied

During the summer, some resolutions applying the amnesty have indeed been issued, even by the Supreme Court, which has granted it to the four pro-independence members of the Parliament bureau presided over by Roger Torrent –who had already been acquitted of having disobeyed the Constitutional Court's rulings–, to three protesters convicted of aggravated public disorder in the protests following the verdict of the Procés trial, and to a mayor who assumed the powers of the schools to make the October 1st referendum possible. The high court also amnestied in July Meritxell Serret, the Minister of Agriculture during the October 1st referendum, who was convicted of disobedience.