The Constitutional Court rejects with one vote the conviction of Igor Portu


Five of the eleven magistrates have announced a private vote. The Supreme Court endorsed the Supreme Court’s position, which also rejected the appeal filed following the sentencing of Portu and Sarasola in Strasbourg for torture.

The Constitutional Court (TC) has rejected for one vote the prisoner’s resource of the extinct ETA, Igor Portugalbefore the Supreme Court to review his 1,040-year sentence for the attack on T-4, after the ECtHR convicted Spain of torture during his arrest and period of incommunicado detention.

In 2019, the Supreme Court denied Portu, Mattin Sarasola and Mikel San Sebastián permission to file an extraordinary appeal against the National Court’s first sentence. According to the detainees, Strasbourg established that the confession that the National Court took into account to convict them had been obtained thanks to that ill-treatment. However, the Supreme Court argued that “there was no conviction showing that the defendants’ statements had been obtained by force or coercion” and did not respond to their request.

Now, while not unanimously, the TC has endorsed the Supreme Court’s position stating that “no connection temporal, spatial and personal between the mistreatment of Portu and another defendant and the confession of this

Five of the 11 magistrates have the formulation of a certain voiceall progressive: the vice president, Juan Antonio Xiol, the magistrates Maria Luisa Balaguer and Inmaculada Montalbán, and the magistrates Cándido Conde Pumpido and Ramón Sáez.

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Source: EITB


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