• Courts.https: //www.elmundo.es/cataluna/2020/07/30/5f22a08721efa0f84c8b4647.html

Sovereign leaders imprisoned for sedition are noticing the meaning of judicial independence, even though they question it at every moment. If a few days ago the Penitentiary Surveillance Court on which the inmates in Lledoners depend ordered the revocation of the third degree at the request of an appeal from the Prosecutor's Office, this Thursday another court that settles the issues related to the dams Carme Forcadell and Dolors Bassa considers that there is no reason to consider this precautionary measure and it maintains them in the third degree of prison while processing the allegation of the Public Ministry.

For this reason, the court urges the condemned to present allegations against the prosecutor's request that the third degree granted by the Generalitat a few weeks ago be revoked. The judge dismisses the request for a precautionary suspension of degree presented by the Prosecutor's Office in an appeal, on the understanding that it cannot be applied, at this procedural moment, since it considers it an analogy of an appeal.

In this sense, the court "does not decide on the merits of the matter" and limits itself to rejecting the precautionary measure since it considers that the Organic Law of the Judiciary does not regulate this type of petition for these resources. In addition, it recalls that the norm "establishes that when the resolution object of the appeal refers to the matter of classification of convicts or granting of probation and may lead to the release of the inmate as long as they are convicted of serious crimes , the appeal will have a suspensive effect that will prevent the release of the convicted person until the appeal is resolved or, where appropriate, until the Provincial Court or the National Court has ruled on the suspension, that is, the foregoing implies the need to be before a final resolution subject to appeal, producing such suspensive effect from the filing of the appeal ".

The records indicate that accepting this precautionary measure "may affect the principle of legality, since the suspension once an appeal has been lodged is not expressly regulated, as has been said, especially considering that the application of such suspension may affect a restriction of rights "such as the entry into prison of the convicted.

On the other hand, the judge dismisses the precautionary suspension of the application of 100.2 requested by the Prosecutor for Dolors Bassa taking into account that it has already been overcome and that the jurisdiction is of the Supreme Court. Forcadell has him suspended by order of this court.

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  • Dolors Bassa
  • Carme Forcadell
  • National audience
  • Supreme court
  • Justice
  • Reviewable permanent prison
  • Parot doctrine
  • Catalonia

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