Three of Spain’s Constitutional Court justices consider Oriol Junqueras' political rights have been violated

The Spanish Constitutional Court today ruled to dismiss Oriol Junqueras' appeal against remand, with three magistrates at odds with the ruling. The justices cast a dissenting vote in opposition to the ruling, stating that other precautionary measures exist that would be less detrimental to the political rights of the President of the Republicans. They therefore consider Oriol Junqueras should have been allowed to serve as a Member of the Parliament of Catalonia after having been elected in the last elections.

The Audiencia Nacional High Court in Madrid dictated pre-trial imprisonment for the Republican president over 2 years ago, following the organization of the Catalan independence referendum on October 1, 2017, a decision which was later extended by the Supreme Court and which lasted until he was unjustly sentenced to 13 years in prison on October 14 last. The Constitutional Court ruling has dismissed the defendant's appeal against this measure, saying the decision is "legal, legitimate and proportional." This is the first sentence concerning the Catalan question in which the unanimity of the Constitutional Court has crumbled.

This dissenting vote is now paving the way for the Republican president in Strasbourg, where his defence may avail itself of the Constitutional's discrepancy to strengthen its arguments before the European Court of Human Rights.

Pending appeal on the convening of Parliament

Mr Junqueras's counsel also filed an appeal against judge Llarena's decision to bar the Republican President from attending the convening of the Parliament of Catalonia on January 12, 2018, despite having been democratically elected in the ballot on 21 December 2017. The ruling on this appeal has been adjourned until January and is also expected to break the unanimity of the high court.