PSOE, Junts and their partners agree to modify the amnesty law to include terrorism crimes

The PSOE and Junts per Catalunya have reached an agreement today within the framework of the Justice Commission of Congress in which they have agreed on various technical amendments to the law proposal presented by the PSOE last November to amnesty a decade of the 'procés Catalan independence movement. Under the agreement, amendments presented by Carles Puigdemont's party are incorporated into the proposed amnesty law for people linked to the 'procés', as well as other initiatives presented by ERC to the presentation of the law that is being debated in the Commission. of Justice.

Among the agreed amendments, terrorism is maintained as a crime excluded from the application of the amnesty, its structure being homologated to the rest of the exclusions provided for in the norm, also resorting to the parameters set by the European Convention for the Protection of Human Rights and Fundamental Freedoms, in order to offer a clear and international reference for this issue.

Parliamentary sources have specified that this modification provides "greater clarity and exhaustiveness" to the article on the effects of the amnesty in the criminal field, in order to provide this section with "greater legal certainty", Europa Press reports.

Likewise, the jurisdictional function of judges and magistrates is reinforced by applying these effects, especially in relation to the lifting of precautionary measures in the event of a possible suspension of the judicial process for any reason.

The pact would allow amnesty for the 12 members of the Committees for the Defense of the Republic (CDR) and the 10 prosecuted for the riots allegedly promoted by 'Democratic Tsunami' investigated in the National Court, Europa Press reports.

The agreement affects articles 2 and 4 of the bill promoted by the PSOE with the agreement of its investiture partners, the same ones who are now attempting changes to the text, and which will be submitted to the Plenary Session for approval on next 30 January. Last week, Junts and ERC proposed a series of partial amendments to the amnesty law to guarantee that the law covered all terrorist crimes for which the independence movement is accused.

In the last few hours, the PSOE assured that there was a "red line" about modifying the text of the amnesty in relation to terrorism and that, therefore, they were not going to make any more changes to the text that was born last week in their first step through the Justice Commission, although they have finally agreed to modifications by agreeing on them with Junts and ERC, among others.

However, as explained by the PSOE, the socialists signed with Sumar, ERC, Bildu, PNV, Junts per Catalunya and Podemos various "technical" amendments, in the drafting of which jurists from the different formations have participated, and which "deepen the path of the technical amendments approved last week" to "give even more clarity and legal certainty to a text that was already enormously solid from a legal point of view and its adjustment to the Constitution", Europa Press reports.

Specifically, what was agreed affects amendment 36 of the ERC and retouches section 2.d of article two of the future law to, as the PSOE explains, "maintain terrorism as a crime excluded from the application of the amnesty, homologating its structure to the rest of the exclusions provided for in the norm, also resorting to the parameters set by the European Convention for the Protection of Human Rights and Fundamental Freedoms, in order to offer a clear and international reference for this issue.

Thus, as agreed, the text would now read as follows: "Acts classified as terrorist crimes punishable in Chapter VII of Title XXII of Book II of the Penal Code that have consisted of the commission of any of the conduct included in the Directive (EU) 2017/541 of the European Parliament and of the Council, of March 15, 2017, provided that, manifestly and with direct intention, they have caused serious violations of human rights, in particular, those provided for in Article 2 and 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, and in international humanitarian law."

On the other hand, the other agreement refers to amendments 37 of ERC, and 23, 24, 28, 33 and 34 of Junts on Article 4, which also represents a modification of section V of the Explanatory Memorandum, reports Servimedia.

According to the explanation of the PSOE, "greater clarity and exhaustiveness is given to the article on the effects of the amnesty in the criminal field, in order to provide this section with greater legal certainty" and "the jurisdictional function of judges and magistrates when applying these effects, especially with regard to the lifting of precautionary measures in the event of a possible suspension of the judicial process for any reason."

"With these latest changes, a decisive step is taken to political and legal work that will contribute decisively to coexistence and the opening of a new political stage in Catalonia and an impeccable amnesty law, solid from the point of view technically and absolutely in accordance with the Spanish Constitution and the Law of the European Union," adds the PSOE.

The agreed transactional amendment states that "after the entry into force of this law" the amnesty will be applied by "the judicial body that is hearing it" and "will agree to the immediate lifting of any precautionary measures of a personal or real nature that have been adopted." ".

As well as, among other aspects, that "the judicial body that is hearing the case will proceed to annul the search and arrest orders and imprisonment of the people to whom this amnesty applies, as well as the national orders , European and international detention".

Before entering the Justice Commission, Junts spokesperson in the Lower House, Miriam Nogueras, commented that "some transactional agreements agreed with the PSOE, also with ERC" are presented and "I would say that more parties have also signed." Furthermore, she commented that "there is still a game, we have until January 30th," because they intend to keep the rest of the amendments 'alive' in case a new agreement arises. In fact, in the commission debate, Junts confirmed that they do not want to "give up anything or close any doors" and hence they continue with their amendments on the table.

With these amendments, Nogueras highlighted, they intend that the amnesty law can be "strengthened a little more" and "the separation of powers" that today "is complicated" can be guaranteed. At the same time, he criticized that there are judges preparing "a manual to try to combat" this law.