• Justice: The Supreme Court will review the semi-freedom of the prisoners of the 1-O: a judge from Lérida sends the 100.2 of Forcadell to the Second Chamber
  • The keys.Third degree for the prisoners of the 'procés': an unusual semi-freedom in the face of such high penalties
  • Catalonia: imprisoned sovereign leaders are one step away from going to prison only to sleep

The Prosecutor's Office has requested this Tuesday the Supreme Court to declare its competence to review the application of articles 100.2 of the Prison Regulations to prisoners of 1-O as it is a "third degree undercover".

In a report, sent to the Second Chamber of the High Court, prosecutors Jaime Moreno, Javier Zaragoza, Consuelo Madrigal and Fidel Candena maintain that the semi- liberties granted by the Generalitat to those convicted of the procés "resembles the granting to all of a third degree disguised, since the effects derived from the application of that precept are not different from those entailed by the granting of the third degree "so" insofar as the granting of a third degree would be reviewable on appeal by the sentencing court, we understand that it is appropriate in this case that the Second Chamber, in its capacity as sentencing court, and given the function of unification in the application of the laws that corresponds to it as the supreme body of ordinary justice, is aware of the appeal decision "

This is a report of maximum relevance for the immediate future of the promoters of 1-O because it is the first time that the Public Ministry asks the Supreme - instead of the Provincial Courts of Barcelona or Lérida - to assume the competence to validate or override the flexible prison regime of separatist leaders. Specifically, the Prosecutor's Office requests the court to "establish a unifying doctrine" in the face of the disparity of criteria among the judges of penitentiary vigilance in Catalonia.

Unify criteria

In the document, to which EL MUNDO has had access, the prosecutors explain that "in practice, it turns out that there are prison surveillance courts that refer appeals against the resolution of article 100.2. Prison Regulations to the Provincial Court of the Penitentiary Center where the inmate meets sentence and others to the sentencing court or tribunal. "

Furthermore, they underline that under the umbrella of article 100.2 a prison figure has been created whose purpose is "to vary the sign of the ruling" dictated by the Second Chamber. "The margin of administrative discretion implied by the principle of flexibility in its current regulation is clear, and it can become a dangerous channel to avoid compliance with judicial decisions," says the Prosecutor's Office.

The court presiding over Manuel Marchena asked the prosecutors to rule on the order sent by the head of the Court of Penitentiary Surveillance Number 3 of Lérida to the Second Chamber against the granting of article 100.2 to the former president of the Parliament Carme Forcadell.

However, the Office of the Prosecutor advises that "in the present case analyzed with respect to Forcadell, the competency examination cannot be detached from the application of article 100.2 to others involved in the same case", extending its criterion that the Supreme Court should be the one who decide on all the semi-liberties of those convicted of sedition and embezzlement of public funds.

In addition, in the report, the prosecutors consider all the arguments contained in their appeal filed initially before the Lérida Court against the granting of semi-freedom to the former president of the Parliament of Catalonia.

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  • Catalonia independence
  • Justice
  • Supreme court
  • Manuel Marchena
  • Catalonia
  • Reviewable permanent prison
  • Corruption

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