20220831
31 August 2022

The United Nations Human Rights Committee concludes that Spain violated the political rights of Oriol Junqueras, Raül Romeva, Josep Rull and Jordi Turull by relieving them of their duties before the sentenced was passed

Breaches:



The magistrate of the Supreme Court Pablo Llarena relieved Junqueras, Romeva (ERC), Rull and Turull (JxCat) of their duties as MPs before the sentence was passed, as they were being prosecuted for rebellion within the framework of the prosecution of the leaders of 1 October, in application of article 384 bis of the Criminal Procedure Act. The former MPs filed a complaint before the United Nations Human Rights Committee alleging a violation of their political rights under Article 25 of the UN International Covenant on Civil and Political Rights. The Committee concludes that Spain violated the political rights of the plaintiffs by prosecuting them for rebellion (which motivates the suspension) in relation to ‘public and peaceful events.’ The Committee also concludes that the State has the obligation to adopt all necessary measures in order to avoid the commission of similar violations in the future. Once the 18o-day deadline has expired, in March 2023, the State’s Attorney replies that publishing the opinion is enough reparation and entails the fulfillment of the conclusions of the United Nations.

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