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Spanish Constitutional Court to rule on amnesty for Catalan leaders

Court president's draft orders Supreme Court to apply amnesty law immediately to former minister Dolors Bassa, setting precedent for Puigdemont.

Sources: Infolibre, El Independiente, Confilegal3 sources ↓|· 1 min read
Spanish Constitutional Court to rule on amnesty for Catalan leaders
Photo: El Independiente

KEY POINTS

  • Constitutional Court to vote Tuesday on draft granting amparo to Dolors Bassa
  • Draft orders Supreme Court to apply amnesty to embezzlement conviction urgently
  • Ruling corrects Supreme Court's broad interpretation of enrichment exception
  • Doctrine expected to apply to Puigdemont and other pending procés appeals
  • Puigdemont remains in Belgium with active arrest warrant pending his own appeal

The Constitutional Court will debate a draft ruling on Tuesday that would grant amparo to former Catalan labor minister Dolors Bassa. The draft, written by court president Cándido Conde-Pumpido, orders the Supreme Court's Criminal Chamber to issue a new ruling declaring her embezzlement conviction covered by the amnesty law. This new resolution must be adopted with "preferential and urgent" character as required by the legislation.

Conde-Pumpido defended the draft publicly on Thursday, stating the ruling must be "clear, precise and forceful" and explicitly say what must be done. The order contrasts with previous amparo cases like the ERE affair, where the Constitutional Court left the new sentencing to the ordinary courts rather than mandating the exact outcome.

“The ruling must be clear, precise and forceful; it must say what has to be done.”

— Cándido Conde-Pumpido, Constitutional Court president

The draft corrects the Supreme Court's interpretation of the amnesty law's exclusion for "purpose of enrichment" or "personal patrimonial benefit." Conde-Pumpido considers the Supreme Court's reading "clearly expansive, contrary to the purpose of the norm and contrary to the accused." The doctrine established would extend to other pending appeals, including that of former Catalan president Carles Puigdemont, who remains in Belgium with an active arrest warrant.

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