The Constitutional Court rejects suspending the prison sentence of those convicted of the ‘ERE case’

This morning, the Constitutional Court rejected the precautionary measure requested by those convicted in the Andalusian ERE case to suspend the prison sentences imposed on them while the merits of their appeal for protection against the Supreme Court ruling are being studied. This request is part of a separate piece opened by the court after the presentation of an appeal for protection by 12 of the convicted persons, of which 6 are serving custodial sentences. All of them have been in prison since the end of last year or the beginning of this year, depending on the case, depending on the margin that the Court of Seville gave them to enter.

This part of the protection procedure does not affect several of those convicted in the case of fraudulent aid to companies granted by the Andalusian Government. Among them is the former regional president José Antonio Griñán, who, despite having been sentenced to six years in prison for the crimes of embezzlement and prevarication, never went to prison, for health reasons. The former socialist president requested from the first moment the suspension of his prison sentence for being treated for prostate cancer. The coroner confirmed the diagnosis and advised that Griñán could remain free for the treatment of his illness.

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The former Employment Councilor of the Board, José Antonio Viera, was also sentenced for embezzlement and prevarication, in this case to seven years in prison. Viera, however, is in the third degree of prison and therefore enjoys 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 said releases remain in prison ―and are, therefore, those affected by the denial of the precautionary measure agreed by the Constitutional Court― 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 head of the Treasury), Miguel Ángel Serrano (former general director of the Idea Agency) and the former vice-minister of Employment Agustín Barberá, who also claimed illness, but was admitted to prison last April.

Griñán also initially presented a request for a precautionary measure, but withdrew it once he was granted the possibility of continuing treatment without going to prison. Against the substance of the matter, the ruling in the ERE case, 12 appeals for protection were filed, for alleged violation of fundamental rights. These challenges continue and will be resolved over the coming months.

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The rejection of the precautionary measure requested by the convicted persons has been essentially based on the doctrine of the Constitution itself, in the sense of not suspending (except in exceptional circumstances) the fulfillment of prison sentences of more than five years. At first, when the amparo appeals were presented, Griñán and another of the convicted men already requested very precautionary measures (without hearing the parties to the process), which were denied by the court.

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