The former president of the Generalitat of Catalonia, Quim Torra, has presented an appeal for protection before the Constitutional Court in which he asks to urgently suspend the disqualification penalty confirmed by the Supreme Court on Monday.
In the appeal, presented by Torra's lawyer, Gonzalo Boye, the leader argues that the suspension of the sentence – which the Constitutional Court agrees only in exceptional cases and with light penalties – is necessary to avoid the "continued irreparable damage" that the execution of the same would cause both the expresident and third parties.
Throughout 438 pages, Boye points out that, "with unusual speed" and "minutes after" the Supreme Court ruling -which dismisses the cassation appeal- was made public, the TSJC "has declared the firmness of its sentence" and "ordered his immediate execution." That is why the violation of fundamental rights recognized in the Constitution and in the Charter of Fundamental Rights of the European Union.
Regarding the Magna Carta, it considers article 14 violated, referring to the fact that "Spaniards are equal before the law" without "any discrimination" prevailing; 16.1, which guarantees "ideological freedom"; Article 20.1 relative to freedom of expression, Article 23, which establishes that citizens have the right "to have equal access to public functions and positions"; 24, which guarantees the right of citizens not to be "defenseless" regarding their rights and interests in the courts; and 25, which establishes that "no one can be convicted" for actions "that at the time of their occurrence do not constitute a crime, misdemeanor or administrative offense."
And with regard to EU Rights, the defense considers that the right of every citizen of the Union to "be elector and eligible" in elections to the European Parliament, as well as other articles of the Charter of Fundamental Rights, has been violated. And it also considers that the European Convention for the Protection of Human Rights and Fundamental Freedoms is being violated.
CONVICTED OF DISOBEDIENCE
The Supreme Court confirmed yesterday a year and a half disqualification sentence for the crime of disobedience that had been ruled by the Superior Court of Justice of Catalonia (TSJC) after Torra refused to comply with the order of the Central Electoral Board, which required him to remove the yellow ties from public buildings before the general elections April 28.
Torra offered a final institutional statement this Monday afternoon, accompanied by his entire cabinet, in which he said that elections would be called in a few months and in which he asked the public that this appointment at the polls be "a new plebiscite that confirms on October 1 ", the independence referendum declared illegal. He also insisted on the "democratic break" to achieve the independence of Catalonia.
This Tuesday, the expresident has gone to visit the independence prisoners in the Lledoners prison, from where he has asked the Government of Pedro Sánchez to promote an amnesty law for "the reprisals" of the 'procés'. He has also demanded that the exercise of the right of self-determination of Catalonia be put on the table for dialogue between Executives. "If they want to address the conflict in Catalonia, an amnesty law is necessary and the exercise of the right of self-determination is on the agenda," he said.
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