Five of the twelve CDR members prosecuted for terrorism demand their amnesty before the National Court: "There are no human or material victims"

Today, Monday, five of the twelve members of the Committees for the Defense of the Republic (CDR) prosecuted for terrorism have urged the Audiencia Nacional to amnesty them immediately, since, in their opinion, European doctrine is "directly applicable" to their case, without human or material victims.

The defense of the CDRs has submitted five briefs to demand that the Audiencia Nacional close the case in which they are prosecuted, in relation to the ruling of the Court of Justice of the European Union (CJEU), which last Thursday concluded that the amnesty of terrorism offenses complies with community regulations, provided they do not involve serious human rights violations. After this, the CJEU leaves it to the Audiencia Nacional to assess whether the case of the CDRs, who were prosecuted for planning acts of sabotage against public buildings in protest against the procés ruling, should be excluded from the amnesty for involving human rights violations.

The lawyers of the CDRs recall in their defense through a brief that the Audiencia Nacional itself, in the order of July 2024 that proposed raising a preliminary question to European justice, already admitted that the indictment briefs against the defendants do not show "any harmful result against the life or physical or psychological integrity of any person, nor the existence of victims or material damages." In the end, the Audiencia Nacional suspended the case against the CDRs when they were on the verge of trial, with requests for up to 27 years in prison, to reflect before European justice whether the amnesty law clashes with community directives regarding the fight against terrorism.

The lawyers have also insisted that European doctrine "is directly applicable" to the case and recall that the CJEU ruling implements that Spanish courts must "issue a resolution of extinction of responsibility without assessing the allegations and exculpatory evidence, since this is inherent to the very principle of amnesty."