The former deputy of We can Alberto Rodríguez has presented an Appeal Appeal against the decision of the President of the Congress, Meritxell Batet, to strip him from the seat after the sentence of the Supreme Court.
The writing asks the CT that, while the appeal is resolved, the BATET decision cautiously suspend and allow it to continue as a deputy.
The objective is to avoid irreparable prejudice if the reason was given within a year and a half-means average resolution of a matter – with the legislature already practically concluded.
The Supreme condemned Rodríguez, deputy by the Canary Islands, for a crime of attack against agent of authority a month and 15 days in prison – which was replaced by a fine – and the same time of disqualification to be a candidate, as well as to pay
A compensation to the agent to which it assaulted during a demonstration in 2014.
The Supreme and the President of the Congress interpreted that disqualification meant the survey loss of the seat he had, and so Batet agreed.
“It has been addressed,” says Rodríguez’s appeal on the performance of the socialist leader, “of arbitrary, irresponsible behavior.”
He considers that Batet has acted “inventing an unforeseen sanction” and has been attributed “a competition from which he lacks”.
To support the admission to the process of the Amparo Resource – the vast majority is inadmitted – the letter explains a pronouncement of the TC on several facets of what happened, one, for example, if there is “proportionality” among the penalty imposed and ”
The extrapenal consequences “of the loss of the seat.
“It is also essential that this court is pronounced on the constitutional reserve that would have, of any, that a deprivation of a seat in the Congress of the Deputies, without any proceeding and atone for its President, would have in relation to the right to
political participation, that is, how the right of political participation of the deputies is guaranteed if it is understood that they can be deprived of their seat with a personal decision of the chamber president, without going to a process regulated for it and without
That his action has a constitutional or legal support that such competition attributes him. ”
Rodríguez’s brief adds that “a difference in evident discriminatory treatment due to the ideology and political significance” of the appellant, which is presented as a representative in the Congress “of a minority such as Canaria” is produced.
As for the decision to allow Rodríguez to follow from deputy while the amparo was ventilated, the resource maintains that in all similar situations prior the CT has opted for that precautionary suspension of the resolution appealed.
Together with the appeal, the former we can make a note public: “After a police assembly to criminalize social protest, a judicial sentence without evidence and a political maneuver with many actors involved, the democratic will of tens of thousands of Canary and
Canaries was cut. I announced that it was going to reach the end, with the aim of reversing this chain of arbitrary cawn and that I am doing without rest.
We have just recorded a vacation resource before the Constitutional Court so that the unfair and illegal decision of Meritxell Batet, president of the Congress of Deputies, is reversed.
It will not be the last one who presents and as I have already announced on previous occasions, if in the judicial framework of the Spanish State there is no margin of protection of democratic rights from an important part of Canarian citizenship, I will go to the European Court of Human Rights.
I will not stop until justice is done.
This battle is unequal, obviously I do not count on the huge resources of the other party, but I have something that can not buy either with all the gold in the world: the solidarity of thousands of people who have publicly expressed their indignation before this abuse [..
.].
Despite the difficulties, we will continue forward.
Whoever that fails”.
