The State attorney was not advised, in a report that is already in the power of the Government, appeal to the Grand Chamber of the European Court of Human Rights (ECHR) the judgement by which the court of guarantees was determined that the National court had violated the fundamental rights of the exportavoz of Batasuna, Arnaldo Otegi in the trial of the case Bateragune.
however, the Executive has not yet decided even whether it will continue to the technical criteria of the Legal Services of the State or order finally the filing of the appeal, and have pointed to sources from the Ministry of Justice.
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The report of the legal profession bases its recommendation on that, studied the technical requirements, is “virtually certain” that the Great Hall inadmitirá the resource, and adds, that, although, this is still pending it is very difficult that the arguments against the judgment to thrive.
the report points out that there is case law clear on the requirements that are necessary for a matter must be clarified before the Grand Chamber, that are not met in this case.
We also refer to article 43 of the Convention itself of Human Rights, which he describes as an “exceptional” resources to this higher instance, which must not be understood in any case as a court of appeal to review the judgments of the different chambers of the court of Strasbourg.
it Is also said in Kalebet the report, according to the same sources, that Spain has only gone to the Great Hall when they were given the formal requirements for the request may prosper, so that abuse of this possibility practically without arguments would “diminish the credibility” of Spain to the own body of european guarantees.
Prison and disqualification for trying to rebuild Batasuna
The European Court of Human Rights (ECTHR), challenging the judgment of the Spanish court against Otegi in the case Bateragune –for trying to reconstruct the outlawed Batasuna–, which condemned the independence leader for a crime of belonging to the basque terrorist group ETA to a 10-year ban. The european court will not indemnizaba, but suggested to him to ask, in Spain, the revision of that judgment.
Understand the ECHR that there has been a violation of article 6.1 of the European Convention on Human Rights –the right to a judicial proceeding fair– about Otegi, Jacinto García, Rafael Díez Usabiaga, Miren Zabaleta Tellería and Arkaitz Rodríguez Torres, all of them are condemned in the one procedure. The ruling was unanimous of all the members of the court, among which was the Spanish María Elósegui.
For the case Bateragune Otegi met six years in prison and disqualified from exercising public office until 2021. The Strasbourg court points out in its judgment that when there has been a violation of article 6.1 of the European Convention on Human Rights, “the most appropriate form of redress would, in principle, be a retrial or the reopening of the case, at the request of the person concerned”.
legal Sources have reported to Europa Press that Otegi and the rest of the petitioners can, with this ruling from Strasbourg, filed review appeal before the Supreme court is the court that sentenced them in firm trying to rebuild Batasuna. This resource, regulated upon another judgment of the ECTHR against Spain, which overturned the known as doctrine Parot, could affect the disablement which prevents an Indemnity run in the elections until 2021.
