J.G. Albalat – Barcelona – 20/02/2020 Image: David Zorrakino
The prosecutor’s office has thus expressed to the prison surveillance judge his opposition to exits to work and volunteer that the treatment board of the Lledoners prison authorized the former president of the ANC Jordi Sànchez and affects the Generalitat’s intention to extend the Flexibility of the prison regime to all imprisoned independence leaders, when it is a “restrictive” measure. A few days ago, the prosecutor already opposed the application of 100.2 to Jordi Cuixart. This same Thursday, Joaquim Forn left prison, following this same precept, to work at an enterprise, Mediapro.
Ask for a “restrictive interpretation” of Article 100.2
The prosecution recalls that there are three grades at the time of classifying an inmate and rejects that 100.2 is an “intermediate” degree to access the third grade or a classification modality. This article, the fiscal report adds, is an “exceptional” measure and therefore requires a “restrictive interpretation”, being an essential requirement that the inmate’s treatment program cannot be implemented in any other way and that “it is related to the criminal etiology, not being able to base it on activities that may be carried out in the prison itself. “
In its writing it specifies that the prison treatment is configured as “the set of activities directly aimed at the achievement of the re-education and social reintegration” of prisoners who are serving sentences. In this regard, it highlights that Sànchez was sentenced to nine years in prison for sedition, so the treatment program according to this crime “should aim to teach him to respect the law, and that one can only achieve what he wishes using the mechanisms legally established in the regulations governing our social and democratic state of law, “rules that” bind us all and that is applied by the Judiciary through its resolutions. “
The report affects that “an autonomous government cannot transform the structure of the State and translate it into a legal text outside the legal channels of reform”, not being Jordi Sànchez “in favour of transforming” these structures, “and end totally legitimate and respectable” , but “wanting to do it outside the established legal channels”.
Lack of recognition of the crime
The prosecutor emphasizes that the inmate presents, along with positive factors, others that are not so much, such as “the lack of recognition of the criminal nature of their conduct and the assumption of responsibility, then, in his opinion, only when this is assumed by the inmate “the danger of relapse in other criminal episodes is moving away.” The public ministry also rejects that volunteering can be part of the treatment of a person who committed a crime against public order.
Although the report refers to the case of Jordi Sànchez, they have also been released from prison in application of article 100.2 Jordi Cuixart, Carme Forcadell, Dolors Bassa and, this Thursday, Quim Forn.