20211028
28 October 2021

The Constitutional Court suspends the retrial of Bateragune ordered by the Supreme Court

Breaches:



In December 2020, the Supreme Court had ordered the National Court to repeat the trial for the Bateragune case. The Constitutional Court’s decision means that a new trial cannot be held at the National High Court until after the resolution of the appeal for protection presented by Arnaldo Otegi and the other convicts, in which they claimed that the penalties imposed at the time on the claimants (prison and special disqualification) have already been fulfilled. The ECHR considered that in the trial for the Bateragune case, the defendants’ right to a fair trial had been violated due to the lack of impartiality of the magistrate of the National High Court.

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