Quim Torra and Pere Aragonés, last week in the Parliament.MASSIMILIANO MINOCRI
The Constitutional Court has rejected the very precautionary measure requested by the former president of the Generalitat, Quim Torra, to suspend the execution of the one and a half year disqualification sentence to which he was convicted of a crime of disobedience.
The magistrates have considered that there are no extremely urgent reasons to immediately suspend this sentence.
The court admits the appeal of the
former
identity to processing
but considers that there are no urgent reasons to paralyze the execution of the sentence.
The path that is now open to Torra is that of a precautionary measure, requested on a subsidiary basis if the very precautionary measure was rejected.
The difference between the two is that the latter is decided by the court without listening to the parties involved in the procedure and if it considers that the failure to adopt the measure may be causing irreparable damage to the interested party, while the precautionary measure is resolved after the court receives a report from the parties represented in the process.
In this case, it is the prosecutor and Vox, which brought the popular action against Torra.
The processing of the precautionary is done through a separate piece, which would have to be resolved in a matter of weeks, long before a decision is made on the merits of the matter.
The intention of Torra's defense, exercised by lawyer Gonzalo Boye, is to file an appeal before the European Court of Human Rights without further delay.
The defender considers that maintaining the disqualification of the
former president
supposes irreparable damages for Torra, because it may take months for the Constitutional Court to decide whether the fundamental rights of the former leader were violated during the process in the Superior Court of Justice of Catalonia and then in the Supreme Court.
Boye explained that they will "read the resolution" before deciding, as was its purpose, whether to immediately attempt the leap to European justice, or if it waits for a period that it trusts will be short for the Constitutional Court to rule on the precautionary measure also requested to suspend the sentence imposed on Torra, in the event that the very precautionary measure is denied, as has happened.
The Criminal Chamber of the Supreme Court sentenced Torra on September 28 to a sentence of one year and six months of disqualification from holding public office as the author of a crime of disobedience.
The ruling confirmed the sentence that the Superior Court of Justice of Catalonia imposed on the
president
of the Generalitat for disobeying the Central Electoral Board by refusing to withdraw the yellow ties that, in solidarity with the prisoners of the cause of the
procés,
were exhibited during the electoral period in public buildings dependent on the Generalitat.
The ruling was adopted unanimously and he was personally notified at 4:30 p.m. on the same Monday.
The data is relevant, because the communication made by the Superior Court of Justice of Catalonia, by order of the Supreme Court, was carried out before Torra's appeal had reached the Constitutional register.
When the challenge was registered, therefore, the disqualification had already begun to be executed.
The Constitutional Court has taken this information into account when rejecting the requested very precautionary measure, considering that the eventual suspension of the execution of an act that was already carried out more than a week ago was no longer urgent.