Justice The Constitutional Court will study Otegi's appeal against the Supreme Court's decision to retry him for the 'Bateragune case'
The
Constitutional Court
has suspended the judgment of the Supreme Court that ordered a repeat trial in the Bateragune case, which means that
a new trial cannot be held
at the National High Court until the appeal filed by Arnaldo Otegi and the other convicts is resolved.
Legal sources have informed Efe that the Plenary of the court of guarantees has unanimously estimated the precautionary requested by Otegi and the rest of the convicted so that the Supreme Court's sentence is suspended until it decides on the merits of the matter.
The presentation has fallen on the conservative bloc magistrate
Pedro González Trevijano
, who is precisely running as the next president of the court of guarantees when the renewal of four magistrates culminates in a few weeks.
The Constitutional Court had already admitted to processing the
appeal of Arnaldo Otegi and the situation of those affected
-Arkaitz Rodríguez, Rafa Díez Usabiaga, Miren Zabaleta and Sonia Jacinto- for the Bateragune case against the sentence of the Supreme Court that ordered a repeat of the trial, after that the
European Court of Human Rights
(ECHR) annulled their sentences.
Among other arguments, the appellants recalled that the penalties imposed on the plaintiffs (imprisonment and special disqualification) have already been served.
In the
Bateragune case, the attempt to rebuild Batasuna through the group that bears that name
, Otegi and the former leader of LAB Rafael Díez Usabiaga were sentenced by the
National Court
to 10 years in prison for belonging to or integration in a terrorist organization and as many of disqualification, while the rest were sentenced to 8 years in prison.
When reviewing the sentence, the
Supreme Court
lowered the penalties to between 6 and 6 and a half years, a ruling that was later endorsed by the Constitutional Court;
Not so the European Court of Human Rights (ECHR), which in November 2018 ended up giving the convictions the reason by
considering their right to an impartial judge violated,
due to a comment made at the trial by the president of the court.
The Supreme Court ordered a new trial to be held on understanding that the defenses and accusations have the right to a resolution on the merits of the matter, since
the nullity of the first hearing ordered by Strasbourg is not synonymous with acquittal
.
According to that ruling, the court must be made up of different magistrates than those who tried it for the first time.
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