The Supreme Court has given a deadline of three days to the parties to speak out on the incidents of challenge is presented by six of the defendants in the cause of the procés against Manuel Marchena, the president of the tribunal that will prosecute the facts and accuse of having links with the PP. The objections were raised on Monday by the vice-president of the Government Oriol Junqueras, the exconsellers Raül Romeva, Jordi Turull and Josep Rull, the former president of the ANC Jordi Sánchez and the president of Omnium Cultural, Jordi Cuixart, following the leaking of a message from WhatsApp the spokesman of the PP in the Senate, Ignacio Cosidó, in which it was presumed that the possible appointment of Marchena as president of the General Council of Judicial Power (CGPJ), agreed with the PSOE, it would allow the PP to have under control the Supreme.
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The six accused, currently in prison, reported the alleged links of Marchena Youwin with the PP, so that in the case of maintaining the composition of the court, ensure that there is no guarantee that they may be judged with impartiality, something that vulneraría their rights to a fair trial.
The Room that will judge the case, and that presides the own Marchena, issued on Wednesday an order to require the parties, including Marchena as refused, to submit within three days a report on the incident of challenge and also appointed an instructor to collect those writings. After this procedure, the instructor may reject it, or send it to the one known as the Room of the 61 that resolves on the objections against presidents of chamber of the Supreme Court. What is more likely is that the special room is the one that decides on the objection, as already happened last summer, when the defendants tried to challenge unsuccessfully the entire room which will prosecute the case of the procés.
The defense Rull, Turull and Sánchez sought the recusal of the magistrate, “given the links exposed by Mr President with the political formation that demands severe punishment for them”, while Junqueras and Romeva alleged “lack of impartiality” after the “huge scandal” of Cosidó.
With the president of the Supreme Court, Carlos Lesmes, to the head, the Chamber 61 is formed by each one of the presidents of the five rooms of the high court and the magistrate’s oldest and most recent of each of them, although Marchena —president of the Criminal could not be part of the same.