The defense of the four ERC independence leaders who were imprisoned for sedition, Oriol Junqueras, Carme Forcadell, Raül Romeva and Dolors Bassa, presented the challenge of Carlos Lesmes in the third chamber of the Supreme Court, in charge of reviewing the pardons, according to explains the match in a statement.
The Republicans consider that they have "many arguments" to defend that Lesmes is "contaminated" and "should not participate in that decision." For this reason, they request his recusal for lack of impartiality and for mediating direct interest between the magistrate and the cause (article 219 LOPJ). The Republican defense also considers that Lesmes lacks the appearance of impartiality according to the European Court of Human Rights.
In this sense, the legal team points to Lesmes's statements at the Justice Forum of the Madrid Bar Association in 2021. When asked about the matter, the magistrate assured that the pardons were "difficult to accept." In addition, at the opening of the judicial year 2022-2023, Lesmes spoke out in defense of the actions of the Supreme Court magistrates, and against the "dejudicialization".
Both statements imply, according to the Republicans, a clear pronouncement against the pardons, which largely coincides with the theses defended by the appellants. Their impartiality, they say, is "irremediably compromised."
The defense also provides an unfavorable report from the Supreme Court against the pardons addressed to the Ministry of Justice, which was processed by Lesmes as president of the High Court. According to the Republicans, this shows that the magistrate has participated directly in the object of the appeal in the exercise of a public office, something that is also cause for recusal.
Lesmes held the presidency of the General Council of the Judiciary (CGPJ), until he resigned on October 10 with the intention of forcing the PSOE and the PP to unblock the renewal of the members of the leadership of the judges. After this resignation, Lesmes has been incorporated into the fifth section of the Contentious-Administrative Court of the Supreme Court, in charge of resolving the appeals against the pardons of the pro-independence leaders.
The pardons are under review after the Supreme Court admitted the contentious appeal presented by the PP, Cs, parliamentarians, and Vox, as well as the former delegate of the Spanish government in Catalonia in 2017, Enric Millo.
