The draft will go to the plenary next week and, according to the sources consulted, it is possible that it will proceed with the votes of the progressive majority of the court.
The magistrate of Supreme Court Juan Carlos Campo proposes in his draft judgment to protect the leader of EH Bildu Arnaldo Otegi and not to allow the trial for the Bateragune case against the leader of the nationalist left and the other convicts (Rafa Díez, Sonia Jacinto, Miren Zabaleta and Arkaitz Rodríguez) to repeat. .
Legal sources have reported that the rapporteur plans to consider the appeal for protection against the Supreme Court’s ruling that ordered a retrial after the European Court of Human Rights (ECtHR) annulled his convictions. The design will disappear to next week’s plenary meeting and according to the sources consulted, it is possible that it will proceed with the votes of the court’s progressive majority.
According to the sources, the rapporteur understands that a new process cannot be held again because Otegi did not expressly demand this from Europe when he agreed with him and because it is contrary to the principle of not bis in idemThis is the prohibition of being tried twice for the same offense. Additionally, remember that the sentences imposed on the plaintiffs have already been served.
Otegi, Díez, Jacinto, Zabaleta and Rodríguez served between six and six and a half years in prison for the Bateragune case. However, the European Court of Human Rights ruled at the end of 2018 that the trial had been unfair.
Nearly two years later, the TS annulled the ruling in the Bateragune case and ordered the case to be retried, with the understanding that the defenses and accusations are entitled to a resolution on the merits of the case. The convicts appealed to the TC, because they only wanted it to be announced that the trial took place with a biased judge.
Source: EITB
I am Ida Scott, a journalist and content author with a passion for uncovering the truth. I have been writing professionally for Today Times Live since 2020 and specialize in political news. My career began when I was just 17; I had already developed a knack for research and an eye for detail which made me stand out from my peers.
