The Constitutional Court will study the demand for Amparo presented by the former spokesman of Batasuna Arnaldo Otegi against the decision of the Supreme Court to annul and repeat the trial for his attempt to reconstruct Batasuna.
Last December, the criminal room ordered repeating oral view after the conviction of the national audience was revoked after estimating the European Court of Human Rights of Strasbourg a demand from the Abertzale leader. The decision of the High Court assumes that the hearing must return to hold a trial against the leader of EH Bildu and four other processed by crime belonging to terrorist organization in the BateraGene case. The Supreme agreed that the Court of Prosecution must be composed of magistrates different from those dictated by the annulled judgment.
In a providence, notified this Friday, the TC full supports the AMPARO Appeal presented by Arnaldo Otegi and the other condemned with the objective of issues if there has been a violation of the right to effective judicial tutelage, from the perspective of The guarantee of dual prosecution interdiction and in relation to the principle of legal security since the penalties imposed on the plaintiffs - prisoner and special disqualification for public office - have already been fulfilled.
The plenary that presides over Magistrate Juan José González Rivas appreciated that in the Amparo Resort concurred from Otegi and the rest of the condemned in the Bateragune case, a special constitutional transcendence, because the matter raises a problem or affects a facet of a fundamental right over The fact that there is no constitutional doctrine in the Guarantee Court.
Finally, in relation to the request for the precautionary suspension of the Supreme Resolution appealed by OTEGI, the Constitutional Court agrees to the corresponding formation separate piece, to resolve what proceeds in law soon.
Date Of Update: 16 October 2021, 01:48
