The former president of the Generalitat Carles Puigdemont has on Tuesday challenged the instructor of the process, the magistrate Pablo Llarena, whom he accuses of “doing what is in his hands to prevent” the application of a hypothetical amnesty law.
In the brief presented to the Supreme Court, Puigdemont’s defense maintains that on September 11 the magistrate gave a conference at the Faculty of Law of Burgos in which “he expanded on the possible consequences and actions that he would take in the event of that an Amnesty Law be approved”.
Specifically, according to the writing of lawyer Gonzalo Boye, Llarena would have affirmed that there may be a “questioning of the constitutionality” of a possible and future Amnesty Law, pointing out that it would be necessary to study “whether or not the constitutional order allows the amnesty.” and “then we have to look at whether the possible law is legitimate or justified”, that is, “if it is not unconstitutional, if it is appropriate.”
The 1-O instructor would have indicated that it must be analyzed “if there is a constitutionally legitimate purpose that justifies deactivating fundamental constitutional principles.”
According to Puigdemont, these statements show that in “the hypothetical case of a rule of these characteristics being approved by the Legislative Branch, the investigating magistrate will do everything in his power to prevent its application to this specific case.”
The defense maintains that Llarena is involved in the cause of recusal provided for in article 219.10 of the Organic Law of the Judiciary as a consequence of having taken a position on an exclusively legislative measure that has not yet been processed.
It is not the first time that Carles Puigdemont has tried to remove magistrate Llarena from the cause of the process despite the fact that on all previous occasions the Criminal Chamber has rejected his purpose.