June 3 2021
The government considers that the Council of Europe report which urges Spain to “consider pardon or release” of the leaders of the trial, “endorses Spain’s action” in this affair despite the fact that ” part of an erroneous approach “that it deserves a” general reproach from the Spanish government “.
The Committee on Legal Affairs of the Parliamentary Assembly of the Council of Europe (PACE) on Thursday approved a draft resolution in which it urges Spain to “consider the pardon or release of Catalan politicians condemned for their role in the organization of the unconstitutional referendum ”of October 2017.
According to a statement from the Ministry of Foreign Affairs, the resolution stems from a “prejudice” that contaminates the entire text: that the leaders of the trial were tried for having expressed their ideas in the exercise of their positions. This “contaminates” the whole document and is reflected in the resolution and its recommendations.
Despite these criticisms, the Executive considers that the draft conclusions “ratify the action of Spain and recognize that the independence politicians have acted outside the Constitution and the law”. For Foreign Affairs, the rapporteur of the report, Boriss Cilevics, recognizes that the actions of the independence leaders were “unconstitutional and illegal” and called into question the express mandates of the Constitutional Court.
In addition, the rapporteur of the report admits that the reaction of the Spanish administration of justice to defend the violated legality took place within the framework of a rule of law and that “Spain is a dynamic democracy, where prevails a culture of open and free public debate, and where the mere expression of independence views provides no basis for opening a criminal case. ”
The Government assures that the Assembly recommends the pardon of the prisoners and the abandonment of the extraditions
In the same vein, adds the Ministry of Foreign Affairs, point 8.8 of the resolution recognizes “the independence of the Spanish courts to decide pending appeals and at the same time respects the power to appeal to the European Court of Human Rights. the man”.
The government emphasizes, however, that accompanied by this recognition of constitutional order, the Assembly considers that the sentences imposed “are very heavy” and recommends pardoning the detainees and the abandonment of extraditions. The declaration concludes by recalling that the Assembly suggests in its document that, regardless of the illegality of the acts committed, “the situation is political in nature and will not be resolved by the Penal Code, but by political negotiation, with due respect of the constitutional order of Spain “.