The lawyer of Oriol Junqueras has requested the Supreme Court docket Chamber to guage the leaders of the course of to declare the annulment of the sentence and order the “instant launch” of the former Vice-President of the Generalitat in order that he can go to the European Parliament to acquire his minutes deputy after his immunity was acknowledged by the Court docket of Justice of the European Union (CJEU).
Underneath the signature of Andreu Van den Eynde, a lawyer who defended Junqueras in the Supreme Chamber throughout the 4 months of trial, the petitions are set out in a doc of 15 pages which has been submitted at the request of the court docket itself in response to the CJEU ruling, which considers that Junqueras should have had immunity after being elected MEP and was in provisional detention.
The letter requires the room chaired by Manuel Marchena to ensure the free motion of Junqueras to the European Parliament in line with the immunity established in Article 9 (level two) of the Protocol of Privileges and Immunities of the European Union, “giving rise to its instant launch”.
Additionally, the defense of Junqueras requests that “making an allowance for the unique energy of the European Parliament to elevate the immunity of its members and authorize the processing of any legal process”, the processing of the case in the Supreme Court docket has been suspended because it was proclaimed formally elected candidate for the Eurocamara on June 13 (for which the defense filed an attraction for attraction on the 14th) and, subsequently, the nullity of the judgment of the trial was additionally decreed by which he was sentenced to 13 years in jail and disqualification for the crime of sedition.
Based on Van den Eynde, “there is no such thing as a authorized resolution that respects the content material and orientation of the CJEU's ruling that doesn’t indicate the annulment of my conviction's sentence. Failure to take action would drive the interpretation of the Spanish order in opposition to inmate and disregard the proper of the Union”.
In the absence of understanding the allegations of the State Advocacy, the Supreme Chamber should problem a call concerning the private scenario of Junqueras. On this sense, Junqueras' lawyer asks for the utmost urgency in processing.
“When this process impacts the proper to freedom of ambulatory freedom of my principal, the problem is given a URGENT processing and, in the occasion that the Court docket receives a response from all the events positioned earlier than the expiration of the interval conferred on the matter, it’s served to resolve as quickly as doable even with out ready for the achievement of stated interval, at all times in assure of the elementary rights concerned and formally alleged in the physique of this doc, “concludes the doc.
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