22 July 2020

The Supreme Court rejects the application of the provisions of Article 100.2 of the Penitentiary Regulation to Carme Forcadell


The decision will not have an immediate effect on Forcadell, as she already benefits from the third degree status of detention (day-release privileges), which already grants her greater privileges than what her original sentence dictated. However, in this interlocutory ruling, the Supreme Court has declared itself legally competent, as the sentencing court, to resolve the appeals regarding the provisions of Article 100.2. And although it is the Supreme Court that ultimately decides who will have jurisdiction in this matter, that the decision should be taken by the same sentencing court that grants the ruling on the appeal has hardly any precedent in Spain and none in Catalonia. As a result of this decision, the Provincial Court of Barcelona will submit the appeals of Article 100.2 that it had pending, concerning the 1 October political prisoners, to the Supreme Court. Conversely, on that same day, the Provincial Court of Girona rejected the appeal against the application of Article 100.2 for Dolors Bassa.

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