The defense of former president Carles Puigdemont made a move this Tuesday and filed a complaint against Spain before the European Commission in response to the Court of Accounts’ refusal to apply the Amnesty Law from the outset, a gesture that, in their opinion, contravenes the ruling of the Court of Justice of the European Union (CJEU).
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The move by lawyer Gonzalo Boye comes after the Second Prosecution Department of the auditing body opened a ten-day period this Monday for the parties involved in the case it instructed for the accounting responsibility of the procés to present allegations.
The Luxembourg ruling indicated that this procedural step was not necessary. For this reason, the defense of the Junts leader has registered an 86-page brief in response to the Court of Accounts’ order and includes the complaint to the European Commission (EC) for not having directly applied the criminal oblivion and for breaching a European ruling.
This same Tuesday, the chief prosecutor before the auditing body, Manuel Martín-Granizo Santamaría, also launched a harsh reprimand against the Court of Accounts, considering the step it took this Monday “unnecessary and improper,” when, in addition to giving ten days to the parties involved, it requested documentation to demonstrate the origin of the funds spent on the 1-O referendum and on the external action of the Generalitat.
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In the previous days, Puigdemont’s defense had indicated that it did not plan to present procedural impulse briefs or new appeals, as it considered the European ruling clear and unambiguous and that the ball was in the courts’ court. However, the Court of Accounts’ order has led Boye to present this brief and the complaint against Spain before the Commission.
On the other hand, the Constitutional Court has set September, in two months, for the deliberation of the first appeal for protection against the Supreme Court’s refusal to apply criminal oblivion to the pro-independence leaders it convicted of embezzlement. The plenary session on September 22 will review the brief from the general secretary of JxCat, Jordi Turull. It so happens that Puigdemont is prosecuted both in the Supreme Court and in the auditing body. The former ministers Lluís Puig and Toni Comín are in the same situation, as are other leaders of the procés, such as Oriol Junqueras, president of Esquerra Republicana, or Turull himself. However, Boye represents only Puigdemont, Puig, and Comín.
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