Conservative majority in Holiday Section of Constitutional Court dismisses Carles Puigdemont and Toni Comin’s appeal against their indictment and national arrest warrants

MEPs Carles Puigdemont and Toni Comín had appealed the resolutions of pre-trial Supreme Court judge in the case against the 1 October independence referendum leaders Pablo Llarena that modified their indictment and issued new national arrest warrants. Now, the Court’s Holiday Section, consisting of Concepción Espejel, César Tolosa, conservative-leaning judges and Laura Díez, dismiss the appeal. The judges assert their competence on the appeal, based on the need to decide on an interim measure that requests the suspension of a resolution that rules on deprivation of liberty. Díez, a progressive-leaning judge, issues a dissenting vote, and argues that the decision is not urgent and the appeal should have been accepted. The appeal finds that the fundamental rights alleged by the appellants have not been violated. Constitutional Court judge María Luisa Balaguer claims in an interview that ‘it is not the usual way’ of deciding on an appeal of this kind and that can cause surprise. The Prosecutor’s Office appeals against the decision and understands that the intervention of the Section in this case lacked a legal basis.