ERC chief Oriol Junqueras in a campaign appearance last Thursday. Andreu Dalmau (EFE)
The independence movement succeeds in opening a new legal front against the state at European level. ERC reported this Sunday that the Strasbourg-based European Court of Human Rights (ECtHR) has accepted a complaint filed by Oriol Junqueras as he believes his rights have been violated following the 2017 Catalan elections in which he was elected , were injured. political rights by being prevented from holding office in prison. The former Vice President was on preventive deprivation of liberty awaiting trial of the litigators. The government has until September 1 to comment.
In the text of the complaint, which he had access to this newspaper, Junqueras’ defense recalls that in January 2018, Judge Pablo Llarena refused him the approval of the elected deputy, both at the constituent session of Parliament and at the investiture session of the President attend the Generalitat. The document recalls that in 2020 the Constitutional Court rejected his appeal against Amparo, in which he claimed his voting rights had been violated. It was the first time the Constitutional Court broke its unanimity on cases related to the trial. The judges of the progressive sector Fernando Valdés, María Luisa Balaguer and Juan Antonio Xiol expressed their disagreement that they did not accept the amparo’s appeal.
Junqueras’ lawyer, Andreu Van den Eynde, argued in his brief before the court that the rights to freedom of expression and free elections had been violated and that the Spanish judiciary’s decision to prevent his client from attending these two catos implied “an abuse of power” by the state.
Strasbourg has accepted the request and is now asking the government to present its arguments on the alleged violation of figures from the European Convention on Human Rights by September 1st. “It is a new step in denouncing and condemning the Spanish state for violating political rights,” Junqueras said.
This concern joins others that the independence movement has been able to bring to the European justice system. For example, the General Court of the European Union (TGUE) has to rule on the appeal of Carles Puigdemont, Toni Comin and Clara Ponsatí against the European Parliament’s decision to waive their immunity.
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