The Constitutional Court refuses to suspend the prison sentence of those convicted in the 'case of the ERE'

The Constitutional Court has rejected on Tuesday the precautionary measure requested by six convicts of the case of the ERE of Andalusia to suspend the prison sentences that were imposed on them while the merits of their appeal against the Supreme Court ruling are studied. Of the 12 convicted in this case, half have been serving custodial sentences since late last year or early this year. Among those who have not entered prison is the former Andalusian president José Antonio Griñán, who, despite having been sentenced to six years for embezzlement and prevarication, never entered prison for health reasons. The forensic doctor advised that Griñán could remain free to receive treatment for the cancer he suffers and this was decided by the Audiencia de Sevilla; Therefore, the former president withdrew the request for suspension of the sentence.

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The former Minister of Employment of the Junta José Antonio Viera was also convicted of embezzlement and prevarication, in this case to seven years in prison. Viera, however, is in the third degree penitentiary, a regime of semi-freedom. He is also undergoing medical treatment. He was in jail from January to June.

Those convicted in the case of the ERE who after these releases remain in prison – and are, therefore, those affected by the denial of the precautionary measure agreed by the Constitutional – are Francisco Vallejo (former Minister of Innovation), Jesús María Rodríguez (former Deputy Minister of the same department), Antonio Fernández (former Minister of Employment), Carmen Martínez Aguayo (former Minister of Finance), Miguel Ángel Serrano (former general director of the Idea Agency) and the former Deputy Minister of Employment Agustín Barberá, who also claimed illness but entered prison in April.

Against the merits of the case, the judgment of the case of the ERE, 12 appeals for amparo were filed, for alleged violation of fundamental rights. These challenges are ongoing and will be resolved over the coming months.

The rejection of the precautionary measure requested by the convicted persons has been based essentially on the doctrine of the Constitutional Court itself, in the sense of not suspending (except in exceptional circumstances) the serving of prison sentences of more than five years.