20201214
14 December 2020

The Supreme Court decrees that the Bateragune case be repeated in the National High Court

Breaches:



In July, the Supreme Court had already annulled the 2012 ruling in line with the orders of the European Court of Human Rights and the consequent filing of appeals for review lodged by Arnaldo Otegi and the other five independence leaders. The ECHR considered that in the trial of the Bateragune case, the defendants’ right to a fair trial was violated due to the lack of impartiality of the magistrate of the National High Court (due to certain comments made during the trial) who gave them prison sentences that they had already served. The accused have therefore presented an appeal for protection to the Constitutional Court claiming that the penalties imposed at the time on the plaintiffs (prison and special disqualification) have already been served.

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