The Provincial Court of Barcelona has applied the Amnesty Law to Marta Rovira, former general secretary of Esquerra Republicana, for the crime of disobedience attributed to her in relation to the Catalan independence procés. The decision affects one of the ERC leaders who played a prominent role in the organization of the referendum of October 1, 2017, declared illegal by the courts.
Rovira was prosecuted in the framework of the procés case and remained outside Spain for years, moving to Switzerland in 2018. Now, the application of the Amnesty Law allows her criminal responsibility for the events linked to the independence consultation to be rendered null and void. The resolution comes after the Supreme Court prosecuted Rovira for an alleged crime of disobedience, considering that her actions were related to the preparation and organization of 1-O.
Green light for Rovira's amnesty
The judges consider that Marta Rovira's case fits within the cases that the Amnesty Law allows to forgive. Furthermore, they understand that none of the exceptions established by the law itself, which would prevent the amnesty from being applied to her, exist. Therefore, they decide to apply the amnesty to Rovira for that crime of disobedience.
Last May, the Supreme Court referred Marta Rovira's case to the Provincial Court of Barcelona after confirming that she should be prosecuted solely for a crime of disobedience and after no longer being aforada. Now, the Catalan court has applied the Amnesty Law to that crime, considering that the facts are included among the assumptions contemplated by the norm, as has already happened with other independence leaders prosecuted for the same crime. Rovira was also investigated in the Tsunami Democràtic case, a case that was finally archived.
A judicial victory with an eye on the future
ERC has celebrated the judicial decision, although it has regretted, through a statement, the 'delays' that have marked the process. The case was suspended during the time Marta Rovira remained in Switzerland and was not reactivated until her return to Spain. To this were added the appeals presented by her defense, exercised by Iñigo Iruin, which have also prolonged the deadlines until the application of the Amnesty Law.
Republicans have used the resolution to demand that the amnesty be applied without further delay to all those prosecuted for the procés, with the aim of 'restoring their political rights' and facilitating the return of those who remain outside of Spain. ERC defends that the end of judicial cases allows for a new stage of normalization and to address the conflict between Catalonia and the State through politics and democratic dialogue, 'without repression'.
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