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14 d’abr. 2018

Thread by Bernat Deltell on Judge Llarena (13 APR 2018)

I have translated an interesting thread by @bernat_deltell on the legal counter-offensive against judge Llarena
***** Click below on "Més informació" to read the whole post *****

The thread by @bernat_deltell starts here:

Says @Bernat_Deltell: 1. The Catalan Parliament Bureau has decided, at an extraordinary meeting, to file a lawsuit for prevarication* against Supreme Court judge Pablo Llarena. Reason? The latest Llarena veto of Sr. Jordi Sànchez's investiture, despite UN statements. https://t.co/jFRPbdTdti
2. The Bureau of the Parliament has lodged a lawsuit against judge Llarena for prevarication and, if need be, will extend it to the Supreme Court if it confirms all the decisions of the judge investigating the case of the indy process, as regards the political rights of Catalan MPs.
3. It should be recalled that Pablo Llarena also jailed Sr. Jordi Turull on March 23, after going through the first round of the investiture debate. In a way, Llarena supplements M. Rajoy and has become "the civil governor of the 21st Century" of Catalan politics.
4. Now, what's happened since the State found out that the Parliament's Bureau was to file this suit for prevarication? Well, they've rushed into the breach: threats, warnings of crimes of embezzlement, etc. Who has spoken? Minister of Justice Sr. Catalá, Sr. Méndez de Vigo...
5. ... and even M.Rajoy, the man who finds it so hard to make decisions that he still doesn't know what to do with a lady who got a master's degree as a present and who was set to succeed him in their party. Sr. Rajoy, Sr. Méndez de Vigo and Sr. Catalá are fuming at Sr. Roger Torrent (the Speaker).
6. The question we must ask is: Why? Why is they so nervous? The answer is multiple. Let's get going:
- The complaint confirms that the Cat-Spain confrontation continues, so nothing has been resolved.
- The lawsuit lengthens the timeline and M. Rajoy still has no budget.
7. The board's lawsuit follows the logic already announced by the University of Seville Professor of Constitutional Law, Javier Pérez Royo, when he explained that each and every Catalan citizen could file a suit against Llarena.
8. According to Pérez Royo, this "citizen's" lawsuit can argue that Pablo Llarena's decisions are affecting the December 21st election result and, therefore, the rights of each of the Catalan voters. A new judicial front is opening up.
9. The lawsuit against Llarena arrives at a delicate time for the judge, when his European Arrest Warrants (EAWs) are being put in doubt by various European courts. Hence the nervousness. If Llarena falls, the entire imagined and imaginary building that has been constructed around the process will collapse.
10. The complaint entails a situation that is diametrically opposed to what Europe and, above all, Germany is calling for. The president of the Bundestag and former German finance minister, Wolfgang Schäuble, called on Spain to deflate the conflict with Catalonia.
11. Schäuble made this statement on March 30 and the facts show that M.Rajoy has no control over the situation. Herr Schäuble also advocated to tone down the Catalan conflict and the need to address globalization so that people "do not feel lost in it."
12. The lawsuit against Pablo Llarena has already achieved a great political success demanded by some pro-indy voices: broadening the base. Sure enough, the complaint is tacitly and explicitly supported by JxCat, ERC, CUP and, with reservations, the Comuns: 78/135 MPs. Bingo!
13. Neus Torbisco Casals, a lawyer in Ben Emmerson's team defending Jordi sànchez before the UN, has been forceful enough: "Judge Llarena's decision is a judicial error, perhaps out of ignorance." She adds that "Judge Llarena's decision has no precedents in Europe."
14. Yes. For Neus Torbisco, "There is no precedent in which a Western democracy has been warned by the UN Human Rights Committee that unless it implements these precautionary measures there will be irreparable damage to a member of Parliament. There has been no case."
15. President Puigdemont's lawyer, Sr. Gonzalo Boye, already announced a few days ago: "No one will back Judge Llarena". The lawsuit for prevarication brought today by the Catalan Parliament board sinks the judge a little further: it is the last flood dike before the shipwreck.
16. Of course, the lawsuit might not succeed, but the nerves unleashed inside the institutions of the Spanish government reveal very clearly all that is happening. And so much will happen, this year...

By @Bernat_Deltell

* "Prevarication" is an offence committed when an authority, judge / lawyer or public official issues an arbitrary resolution in an administrative or court affair, in the knowledge that this resolution is unfair, and thus violates the duties of the public servant.
Such acts are displays of abuse of authority.


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