20210422
22 April 2021

The Constitutional Court dismisses Turull’s appeal for protection against the judgement of the independence process

Breaches:



The former minister filed an appeal to the high court against the judgement of 1 October issued by the Supreme Court denouncing a violation of the right to a judge predetermined by law (he considers that the trial should not have been held in the Supreme Court), the lack of impartiality of the court and the excess of having been convicted of a crime of sedition in accordance with how said crime is defined. The Supreme Court rejects the appeal, arguing that there was no violation of fundamental rights. The decision was not unanimous, since two of the nine magistrates, Juan Antonio Xiol Ríos and María Luisa Balaguer, issued a separate vote arguing the ‘disproportionality’ between the sentence and the crimes committed. With this last resort, all avenues of legal recourse in the State have been exhausted, so Turull announces that he will appeal the sentence to the European Court of Human Rights (ECHR).

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