• Courts: The court confirms the suspension of the third degree to the independence leaders of Lledoners

Moral victory of the independence movement in the courts that, for the moment, does not change anything. The Court of Penitentiary Surveillance number 5 of Catalonia has rejected the appeal of the Prosecutor's Office against the decision of the Generalitat to grant the third degree to the independence leaders imprisoned for sedition in the Lledoners prison. However, the court maintains the suspension of this classification until the Supreme Court, as the sentencing body, resolves the appeals. In this way, the former members of the Government and the convicted activists will continue in a closed regime until there is a final resolution of the appeals before the court.

The court rejects the arguments of the Public Ministry to suspend the third degree considering that they are "biased, incomplete, and in the present case, even biased statements" regarding the pronouncement of the Barcelona Court endorsing a prison permit for Jordi Cuixart. In addition, it details that the prosecutor requests this suspension to continue progressing from prison level following "prevailing principles such as guilt, punishment, compliance with prison sentences for those convicted in the second degree without being able to access abroad", in reference to the application of article 100.2 of the penitentiary regulations.

However, the judge believes that these principles are "more typical of a nineteenth-century and historical system of the State prior to the twentieth century and much prior to our Constitution" and details that the current regulations and regulations are more aimed at achieving re-education and social reintegration of inmates thanks to reports from treatment teams. It also details that the Supreme Court's own ruling "does not impose that the convicted person must wait to complete half of the sentence to access the third degree" and that the reports from the center emphasize that the prisoners acknowledge "the damage caused" in the proven facts of the sentence and admit "that their conduct was not adequate."

Regarding Oriol Junqueras, the judge details that his training, such as the fact of holding a relevant public position in the Generalitat "made it unnecessary for the inmate to have to carry out a specific treatment program to internalize that the laws must be complied with" as indicated by the Prosecutor's Office for all the damned. For this reason, the court details that after "a long period in prison" his expectations for the future have changed and he is interested in "recovering family, work and professional ties", assuring Junqueras that "if he had known the consequences of all this he would have acted accordingly. otherwise "admitting that he acted outside the law but without violence.

Despite that, the judge details that it is not necessary for the prisoners to show repentance to be able to grant them the third degree, since they continue to manifest their innocence. It also reminds the prosecutor that there are no specific programs to deal with the crime of sedition in prison and that the inmates are classified as having a low risk of recidivism, in addition to not having any incidence in their exits to work with the 100.2 or in the permits to the three inmates who can enjoy them after having served a quarter of the sentence.

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Know more

  • Supreme court
  • Oriol Junqueras
  • Jordi Cuixart
  • Catalonia

'Procés'Oriol Junqueras challenges the Supreme Court with another referendum in Catalonia

JusticeThe court suspends the third degree of five sovereign leaders imprisoned by the 'procés'

Justice Without the third degree, what happens now with the 100.2 of the prisoners of the 'procés'?

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