12.08.2024 – 21:40
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Update: 12.08.2024 – 21:41
The Spanish Supreme Court is still in a state of rebellion, two months after the amnesty law came into effect. It is not only refusing to apply it to the October 1 political leaders convicted or persecuted for embezzlement, starting with President Carles PuigdemontBut it prevents the option of appeal to the Constitutional Court. And to this day the investigating judge Pablo Larena The reform resources that Puigdemont and the councillors had not solved Tony Comyn I Luis Puig They have been appealing, for more than a month, against the decision not to grant them amnesty. I Manuel Marchena And keeps the appeal resources of former political prisoners frozen. The president of the powerful Second Chamber of the Supreme Court and the judges closest to him have taken the judicial rebellion to the extreme, because they know that it is now or never: the amnesty has reached the end of the Marchena era, which at the end of October should have left this office. This also opens a new phase for Puigdemont.
There will be a Supreme Criminal Court that will not be run by Marchena, the architect of the judicial coup to politically decapitate the independence movement. Marchena and Larina do not have Puigdemont in their hands, and the president knows that in a few months there will be a second, different chamber, which could be decisive in determining the future of the Russian plot orchestrated by the judge. Joaquin Aguirre Even if the amnesty file is closed before it reaches the Constitutional Court. The fact that the president is still in exile now in this sense is crucial, because He can freely decide, not under the coercion of prison, what next steps to take with the perspective of the end of Marchena’s reign..
Marchena is due to end his second and final five-year term as president of the Supreme Court’s criminal division on October 30. The Organic Law on the Judiciary sets a two-term limit. So a decade of great power comes to an end, leading the repression against independence while simultaneously leading the years of the process that stretch from the 9-N 2014 consultation to the (non-application) of the amnesty law.
At the end of 2018 and just a few weeks before the trial against this operation began, Marchena was set to become the new president of the General Council of the Judiciary and the Supreme Court due to the agreement reached by the PP and the PSOE. But the agreement collapsed due to the leak of a WhatsApp message from the Progressive Party senator Ignacio Cosido to his colleagues in the group congratulating himself on the fact of having “taken control of the second chamber from behind and presided over the 61st chamber.” [la sala excepcional del Suprem que, entre més coses, té l’atribució d’il·legalitzar partits polítics]“With Marchena as president of the Spanish judiciary. This scandal broke the agreement, prevented the renewal of the CGPJ until four days ago, allowed the PP to take control of the second chamber through the front door, and allowed Marchena to preside over the court that convicted the leaders of 1-O.
Above all, as President of the Second Chamber, he was allowed to direct the tone, pace, opportunity and aggressiveness of the proceedings to try to violate the amnesty and reform the penal code, to maintain the blockade against President Puigdemont in exile and, finally, to disobey the letter of the amnesty law. All this, Marchena did with the most loyal judges, from Larena to Carmen Lamelathe judge who looked at her mobile phone as members of the Catalan government council were paraded before her in the Spanish court on their way to prison.
More loyal judges, who were photographed, for example, when the plenary session in the second chamber voted two years ago on whether he should be convicted, were used. Tamara Carrasco:Marcina lost because acquittal was imposed, but it turned out who supported him in the harsher application of the criminal law of the pro-independence enemy: in addition to Larina, Antonio Del Moral (One of the judges in the trial against the operation), Angel Hurtado, Julian Sanchez Melgar I Vicente MagroWho signed the special vote against acquittal.
The repressive response to independence prevailed unanimously during his presidency of the second council, until its collapse last month. Judge Anna Ferrer She strongly criticized the failure to apply the amnesty law to the embezzlement attributed to the leaders of the operation, in a very harsh special vote. She warned of the violation of the rights that this entailed, and raised her voice to the heavens because this decision contradicted the ruling against 1-O, in which she participated and which did not mention any possible personal benefit of a heritage nature for which the amnesty was now denied.
Ana Ferrer has now raised her voice. Her name has begun to circulate specifically as a candidate from the PSOE sector so that the new CGPJ can appoint a president of the Second Chamber when Marchena retires. This is still a rumor, and it remains to be seen who will replace Marchena. It is still unknown who will succeed him, but it will be an important change, because the new Second Chamber will probably have to decide what to do with the reasoned presentation of Judge Joaquín Aguirre on why the Russian conspiracy against Puigdemont was investigated and more for high treason. And because it is possible that he will still have to resolve the resources related to the non-application of the amnesty that have been left pending.
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