They served a six-year prison sentence, but in 2018 the European Court of Human Rights ruled that the trial was unfair. The Public Prosecutor’s Office (TC) of the Constitutional Court on Monday opposed the Supreme Court’s request to repeat the trial.
The Prosecutor’s Office of Spain’s Constitutional Court has requested the annulment of the Supreme Court’s decision to repeat the trial in the Bateragune case, after the European Court of Human Rights overturned the verdict.
The Prosecution says that “the State, by using its ius puniendi, has done wrong and has not corrected the violation of the amparo applicants’ right to an impartial judge, so that they have not only exhausted for the state itself, but which compelled them to fully carry out the punishments imposed”.
Arnaldo Otegi, Rafa Díez, Sonia Jacinto, Miren Zabaleta and Arkaitz Rodríguez have already served six to six and a half years in prison for that sentence. However, the European Court of Human Rights found in late 2018 that the trial had been unfair, so the case appeared to be closed, but the Supreme Court ruled that the case should be tried again.
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Source: EITB
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