PSOE, ERC and Junts have reached one Agreement on the content of the amnesty law.
The three parties explained, in a joint statement, that the text takes into account “Guiding Principles of Constitutional Law European and international, as well as the preliminary report of the Venice Commission.
According to the three formations, the law It will cover “all persons associated with the pro-independence process” And “fully compatible with the Constitution, European law, case law and the best European and international standards.”
Junts sources have provided this text These include crimes of terrorism and treason Adapted to European standards, not to the Spanish Penal Code. The filing period has also been extended until November 1, 2011 to include all defendants before the Accounting Council.
The full content of the text will be known on Thursday, before the conference Justice Committee. The agreed text will reach Congress through A One transaction Of the various modifications that have survived.
The first version of the amnesty law had already reached the full Congress on January 30 They voted together against it to force the Socialists to continue negotiating.
Terrorism still exists, but without reference to the Spanish Penal Code
In the text that will now be amended, people who have been investigated for terrorism are excluded from amnesty Only if they commit serious violations of fundamental rights. To define what constitutes terrorism, the current wording makes a double reference.
On the one hand, he is talking about the Spanish Penal Code, which defines terrorism much more broadly. On the other hand, it refers to European regulations, which are much more restrictive of what is considered terrorism.
By agreement between Esquerra, Junts and PSOE, Reference to the Spanish Penal Code has been deleted. Only the definition of terrorism given by European regulations is taken into account.
With this change, pro-independence parties believe that those who have been investigated for terrorism in causes such as the Democratic Tsunami protests Yes, they are included in the pardon. Among the accused are President Carles Puigdemont, Secretary-General of the Esquerra Republica party, Marta Rovira, and the representative of this formation in Parliament, Robin Faginsberg.
High treason is excluded from the pardon
It is a crime that could end up bringing charges against the four investigated for the so-called Russian conspiracy in this operation, including the head of President Puigdemont's office, Josep Luis Allai. The thesis of the investigating judge, Joaquín Aguirre, is that the defendants were looking to Russia for financing and even military support to achieve Catalan independence.
This Wednesday, the judge of the National Court investigating the Democratic Tsunami case, Manuel García Castellón, took a step to try to open the path of high treason to the twelve investigated in this case, among them President Puigdemont and Marta Rovira. He asked the police to investigate the alleged presence of Russian spies in Catalonia during the operation.
The text that will now be reformed excludes cases of high treason from the amnesty. Of course, to define these crimes it also refers to the Spanish Penal Code. Reference that will be removed with the new agreement between Esquerra, Junts and PSOE.
The period of application of the law was extended
It was one of Junts' demands. Extending the period of application of the law by two months to include some cases before the Accounting Council Related to consultation 9-N Who thought they were left out.
Now, the amnesty will cover events related to the operation from November 1, 2011, instead of January 1, 2012, until November 13, 2023.
What about the fines for the mask law?
This is one of the main demands of the left. He wants the fines returned Which was put up during the protests against the gagging law. This point will also be included in the agreed changes to the wording.
The recommendations of the Venice Commission will be included
In a draft, this Council of Europe body for consultation on constitutional matters approved the amnesty law in general terms. But also No recommendation has been made. For example, more clearly define who will benefit so that the law does not create legal uncertainty. In other words, it is not known specifically who it will affect.
Could there be further changes to the law?
In principle, no. If this is confirmed on Thursday in the Congressional Justice Committee, and if the parties make clear that they no longer adhere to the amendments, the text that emerges will be the final text.
It is true that the law will still need to pass through the Senate, where the People's Party majority will delay its processing for a maximum of two months, and then return to Congress for final approval.
But if it is confirmed that the two parties do not reserve more amendments, more changes, we will know the text this Thursday It will be the final text. Final formulation after very long negotiations.
“Prone to fits of apathy. Introvert. Award-winning internet evangelist. Extreme beer expert.”
