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Judge Llarena on amnesty: "When the law is deactivated for some, society is presented with doubt and privilege"

2023-11-29T14:30:27.325Z

Highlights: Magistrate Pablo Llarena questions proposed amnesty law agreed between PSOE and pro-independence parties. "When the application of the law is deactivated for some, while prison is imposed on other citizens who carry out the same conduct, society is presented with doubt and privilege," he says. Llareana: "The legal system is unique and it is the same for everyone" The former Catalan president, Carles Puigdemont, and former ministers Antonio Comín and Clara Ponsatí asked to remove the judge for lack of impartiality from the case.


The instructor of the 'procés' case in the Supreme Court questions the measure of grace when receiving an award


The investigator of the case of the procés in the Supreme Court, magistrate Pablo Llarena, questioned this Tuesday, without citing it, the proposed amnesty law agreed between the PSOE and the pro-independence parties. "When the application of the law is deactivated for some, while prison is imposed on other citizens who carry out the same conduct, society is presented with doubt and privilege," said the judge after receiving an award from the Madrid Bar Association. The instructor warned that "in the same way that a democratic society cannot assume that its members are not equal before the law, the criminal justice system cannot assume that a citizen loses his freedom in cases in which others did not deserve punishment for the same behavior." He added: "The legal system is unique and it is the same for everyone. A country's legal system is worth what its judges are worth."

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This is not the first time that Llarena has referred publicly to the amnesty since it became known that the PSOE planned to include it in the negotiation for the investiture of Pedro Sánchez. On the previous occasion, after the instructor, last September, reproached at a conference in Burgos that the amnesty deactivates "as with a remote control certain essential principles such as the separation of powers and equality before the law", it cost him a recusal by the former Catalan president, Carles Puigdemont, and the former ministers Antonio Comín and Clara Ponsatí, whose defense asked to remove the judge for lack of impartiality from the case in which he investigates fugitives from Spanish justice.

The magistrate rejected that request, which, he said, was based on a "manifestly unfounded" motivation that could actually seek to delay the adoption of a new European arrest warrant. The order issued by Llarena recalled that it was the fifth time that an attempt had been made to remove him from the case, and that the recusals have also affected other members of the Criminal Chamber of the Supreme Court and magistrates of the Constitutional Court.

The order also stated that the conference that led to the recusal consisted of an academic intervention in which he carried out an "analysis of the basic technical criteria for monitoring the constitutionality of any legal norm, but without evaluating any specific aspect of a possible amnesty law." Llarena stressed that, therefore, at no time was the "procedural position of the investigator" anticipated, as in his opinion can be seen in the fragments or passages that the recusants themselves highlighted. The approach, he said, was at all times "academic, general and open", as was exposed in various media.

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Source: elparis

All news articles on 2023-11-29

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