The judge of the Second Chamber of the Supreme Court Pablo Llarena, instructor of the procés case, stated yesterday that "a democratic society cannot assume that its members are not equal before the law" in an implicit allusion to the amnesty law that was It is processed in the Congress of Deputies and by virtue of which the pro-independence parties supported the investiture of Pedro Sánchez.
Llarena made these statements after collecting the Golden Balance Award awarded to him by the Illustrious College of Attorneys of Madrid (ICPM) "for his extraordinary contribution to the world of Justice and the rule of law", in an event held at the Royal House of Post office in Madrid.
Llarena defended that "in the same way that a democratic society cannot assume that its members are not equal before the law, the criminal justice system cannot assume that a citizen loses his freedom in cases in which others did not deserve punishment for the same." behavior".
In his opinion, "when the application of the law is deactivated for some" and prison is imposed for other citizens who carry out the same behaviors, "society is presented with doubt and privilege," he insisted.
In this sense, he maintained that judicial action must be governed without deviating from what the law provides "because otherwise the law becomes a score with variable chords and only leads to disparate and discriminatory responses," he launched.
In line with this, he emphasized that respect for popular sovereignty "requires" that those who commit a crime submit to the principle of legality and defended in this sense the intervention of judges and magistrates.
Carles Puigdemont's defense already tried to challenge the investigator of the case recently for some words about a possible amnesty that the judge pronounced within the framework of a conference. The magistrate would have stated that there may be a question of the constitutionality of a possible and future Amnesty Law, so "the first thing would be to check whether the constitutional order allows the amnesty or not."
An attempted challenge that was rejected in October by the judge himself who saw in the "unfounded" initiative a new attempt by the defendants to delay the process. For Llarena, it was not a reason for recusal that he had spoken, in an academic setting, about an amnesty law because he had not even approved any norm in this regard and, furthermore, he was not responsible for determining whether this would be unconstitutional or even for raising a question of unconstitutionality before the TC.
Llarena will be in charge of applying the amnesty law when it is approved and comes into force in relation to the defendants Carles Puigdemont, Toni Comín, Clara Ponsatí, Lluís Puig and Marta Rovira.
