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23 February 2022

The full Constitutional Court rejects Quim Torra’s appeal for protection filed against the sentences that condemned him for disobedience

Breaches:



The former president of the Catalan Government had filed an appeal for protection against the sentences that condemned him for disobedience on the understanding that his rights to an impartial judge; to an ordinary judge predetermined by law; and to due process; and to effective judicial protection, in relation to a judicial resolution based on law and the presumption of innocence, had all been violated. The former president also considers that the principle of criminal legality had been violated, citing as an example among many the proportionality of the penalty, as well as his right to freedom of expression, equality before the law and violation of the right to be eligible for office. The Court considers, among other things, that the former president was not convicted for his ideas, opinions or expressions but for breaching the requirements set forth by the Central Electoral Board due to his inappropriate use of public buildings, which must to be at the service of the general public and not of a specific group of people, thus excluding the rest. The Constitutional Court also rules out the raising of prejudicial questions before the Court of Justice of the European Union, requested by Torra. Magistrates Xiol Ríos and Sáez Valcárcel issue private votes. On 5 July, Torra announces that he has filed a lawsuit before the European Court of Human Rights.

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