More than 1,300 judges in Spain denounce that Sánchez's amnesty means “blowing up the rule of law”

@ElentirENG ES 11·02·2023 · 6:44 0

The majority association of judges in Spain has joined the complaint of eight members of the Judiciary against the amnesty.

The devastating writing of eight members of the Judiciary denouncing that the amnesty implies “the abolition of the rule of law”
The massive protest against the amnesty overflows the Plaza de Colón in Madrid

In a statement published last night, the Professional Association of the Judiciary (APM), which brings together more than 1,300 judges, has spoken out against the amnesty announced by the government, denouncing that it is "placing us at the beginning of the end of our democracy. To break the rules of the 1978 Constitution and blow up the rule of law."

In its statement, the APM recalls that "the serious events that have occurred in Catalonia since October 1, 2017", which the government now intends to erase and leave unpunished with the amnesty that negotiates with its separatist allies, were "facts constituting serious crimes, which attacked the constitutional order and the peaceful coexistence of all, the Catalans and the rest of Spaniards."

The APM points out that an amnesty law "is not admissible in the 1978 Spanish Constitution", and also "delegitimizes the Rule of Law and the Legislative Branch that promulgated the laws that the judges applied, sending the fallacious message that the legislator criminalizes and the courts condemn in Spain for political crimes", and "breaks an essential principle in democracy, such as that of the separation of powers."

You can read the English translation of the full statement published by the APM below:

THE APM IN DEFENSE OF THE RULE OF LAW

The Professional Association of the Judiciary was born with the firm commitment to ensure the independence and prestige of the Judicial Branch, to defend the principles recognized in our Constitution and, ultimately, to preserve the rule of law, with full respect for the separation of powers and the rule of law.

We have been warning for a long time about the serious deterioration of institutions and the rule of law itself. We are witnessing a constant work to discredit the jurisdictional function and permanent attacks on judicial independence that they completely ignore respect for the separation of powers. We hear too many voices from our political representatives who question the submission of all, public powers and citizens, to the Constitution and the law.

They intend to take another step and place ourselves at the beginning of the end of our democracy. Break the rules of the 1978 Constitution and blow up the rule of law.

In the coming days, a legislative initiative will be presented in order to grant amnesty to those who participated in the serious events that occurred in Catalonia since October 1, 2017, acts constituting serious crimes, which attempted against the constitutional order and the peaceful coexistence of everyone, the Catalans and the rest of Spaniards.

We are not going to comment on the fact that this legal norm is being agreed upon by the ruling party in office with those most responsible for these crimes; It is not our place to value the ethics and principles of political actors, or even the absence thereof.

A legal norm, whatever the name given to it, that exonerates a few from criminal responsibilities, already declared by the Courts, or to be prosecuted, without prior legal modifications or without formally entering , as it seems to be intended - in a new constituent process is unacceptable and unaffordable in a full democracy.

An amnesty law, whatever the trap or constitutional fit that is intended to be sought, is not admissible in the Spanish Constitution of 1978 which is based, among other values, on the freedom, democracy, equality and the rule of law.

An amnesty law calls into question the work of the Spanish judges who applied the ordinary laws democratically prepared by the legislative power.

It delegitimizes the Rule of Law and the Legislative Branch that promulgated the laws that the judges applied, sending the false message that the legislator criminalizes and the courts condemn in Spain for political crimes.

It breaks an essential principle in democracy, such as the separation of powers.

And it violates the principle of equality in the application of laws by exempting a class of people from criminal liability solely based on the alleged political motivation of their actions, with the serious risk that the same treatment may be demanded by those who attempted in other historical moments with the force of terror to achieve independence for part of the territory, or misappropriated public funds invoking the same intention.

In short, the law that, by definition and principle is general, thus becomes a privilege, attacking the very foundation of the Social and Democratic State of Law.

From the Professional Association of the Judiciary we express our firmest rejection of a future amnesty law that has a clear objective -beyond the opportunity to have the necessary votes for an investiture-, annul the Judiciary, the last containment dam against abuses of power, arbitrariness and inequality before the law to privilege a few, the political class.

In Madrid, on November 1, 2023.

The Professional Association of the Judiciary

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Foto: PSOE.