The Chamber has agreed to reject the appeal for amparo due to “the manifest non-existence of a violation of a fundamental right that can be protected under amparo.”
The Constitutional Court has inadmissible for processing the appeal of Carles Puigdemont, former president of the Generalitat, against the national arrest warrant issued by the Supreme Court when confirming his prosecution for crimes of aggravated embezzlement and disobedience in the process.
The Holiday Chamber, made up of magistrates Concepción Espejel, César Tolosa and Laura Díez, has agreed to reject the amparo appeal filed by Puigdemont and former Minister Antoni Comin, given “the manifest non-existence of a violation of a fundamental right that can be protected under amparo”. as reported by the Constitutional Court.
The progressive magistrate Diez has issued a dissenting opinion, because she considers that the court should not have resolved because the decision on the suspension of the very precautionary measures was not urgent and that, in her case, the appeal for amparo should have been admitted.
Last June, the Appeals Chamber confirmed the prosecution of Puigdemont and Antonio Comín, Clara Ponsatí and Lluis Puig, former ministers, for aggravated embezzlement and disobedience, after the reform of the Penal Code.
Puigdemont’s defense asked to annul the national arrest warrants and revoke the prosecution so that “the procedure can be adapted to the reality created by the executive and legislative powers” because “no one is responsible for the mess of a deplorable penal reform.” The Prosecutor’s Office responded that the only thing they wanted was to “combine the matter more procedurally to continue raising new battles” in the courts, when “all this procedural stagnation has not been the work of the court, nor of the Prosecutor’s Office or the Lawyer’s Office, it has been the work of of the appellants”.
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