20220323
23 March 2022

The Constitutional Court dismisses the appeal for protection filed by Junqueras and Romeva against the sentence of the leaders of 1 October

Breaches:



The Constitutional Court considers that the sentence of the Supreme Court against the leaders of 1 October was issued following procedural guarantees and imposed a penalty that cannot be considered disproportionate, and that neither can it be said to discourage the exercise of other fundamental rights. Oriol Junqueras and Raül Romeva had alleged the violation of their rights to criminal legality, to effective judicial protection, to a fair trial, to the ordinary judge predetermined by law, to defense and the presumption of innocence, to assembly and access to public office and freedom of ideology and expression. The magistrates of the court Juan Antonio Xiol, María Luisa Balaguer and Ramón Sáez Valcárcel issue dissenting private votes. With this resolution, Romeva and Junqueras can take their demands to the European Court of Human Rights. Junqueras and Romeva, as well as Dolors Bassa, file appeals before the ECHR in July.

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