The Supreme Court has rejected this Wednesday, unanimously, the request raised by the pro-independence leaders in catalonia are in pre-trial detention that was aside from the court to Manuel Marchena , and the other six judges of the court of the procés. The decision has been taken to the call Room 61 of the Supreme, presided over by the president, Carlos Lesmes, after a meeting that has lasted for about two hours. The car full of the hall will be notified in the next few days and the rapporteur of the resolution will be James Barja de Quiroga López, magistrate of the Room of the Military.
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this Is the second time in this special room of the high court (formed by the presidents of all the chambers and the judges oldest and newest of each), meets to deliberate on the petitions that have raised the pro-independence leaders who are on remand for that separate the members of the court. The previous petition was rejected by the Supreme court last September. On this occasion, the members of the Room have been deliberate on requests for recusal that eight defendants filed against the president of the Criminal Chamber. Among their allegations was the leaking of a message of WhatsApp, in which the spokesman of the PP in the Senate, Ignacio Cosidó, jacaba of the agreement between the PP and the PSOE to propose to Marchena as president of the General Council of the Judicial Power would allow for control “from behind” the Criminal Chamber, the which he will judge the procés.
The high court had accumulated in a single dossier the eight incidents of disqualification, which were directed against magistrates, Manuel Marchena (president of the Criminal Chamber), Andrés Martínez Arrieta, Juan Ramón Berdugo, Luciano Varela, Antonio del Moral, Ana Ferrer and Andrés Palomo. The defendants reported the alleged links of Marchena -who resigned from the post following the broadcast of that message - with the PP, and estimated that in the case of maintaining the composition of the court could not guarantee its impartiality. The president of Ómnium Cultural, Jordi Cuixart, also extended the application of the disqualification to the other six judges, because, as he argued, "the doubts of impartiality" on Marchena "extend" their peers.
Both the Prosecution and the State bar and the popular accusation exerted by Vox have opposed the challenges while the judges refectados have alleged that there are grounds to be removed from judgment.
In particular, Marchena, proclaimed in its notice of allegations, independence to judge the case and stated that ever conceived the exercise of jurisdiction as an instrument at the service of a policy option.
in Addition Cuixart, the objections against It were raised by the former vice president of the Government Oriol Junqueras, the exconsellers Raül Romeva, Jordi Turull and Josep Rull, the former president of the ANC Jordi Sànchez, president of Omnium Cultural, Jordi Cuixart, the former chairperson of the Parliament Carme Forcadell and the former member of the Board of the Catalan chamber Anna Simó.
The Room 61, in charge of studying the challenges, is integrated by the president of the Supreme, Carlos Lesmes, and by the presidents of each of the five rooms of the Supreme, in addition to the most senior judge and the most modern of every one of them. Usually it is composed of 16 judges, but on this occasion have been only 14 because two of the three members of the Criminal Chamber (Marchena and Martinez Arrieta) could not be present to be found among those affected by the requests for disqualification. This room, regulated in article 61 of the Organic Law of the Judiciary, has exceptional powers, among which are to adjudicate on incidents of disqualification against the presidents room, or two or more judges of a room or decide on the banning of the political parties (it was the room that outlawed Herri Batasuna in 2003).