A nightmare - Màrius Carol - Director

Half of Spanish citizens believe that imprisoned Catalan politicians should be released on provisional release, according to a survey by El Confidencial. The data has been known on the same day of the Supreme Court's preliminary hearing to decide if it is competent or not to judge the 1-O. Priest prisoners are held in custody for one year and will be tried in Madrid in February. This precautionary measure must be "exceptional" according to the jurisprudence of the Constitutional Court and should only be imposed when strictly necessary. Other milder ones could be established, allowing for provisional freedom, although with certain restrictions (bail, periodic appearances, telematic controls). In fact, the Court of Human Rights of the Council of Europe, as Xavier Vidal-Folch recalled yesterday in El País, has raised the flag in favor of provisional freedom until the trial is held.

Article 5.3 of the European Convention on Human Rights states that "every person has the right to be judged within a reasonable time or to be released during the proceedings". When the trial begins in the Supreme Court, the imprisoned politicians must be transferred to a Madrid prison in order to be driven daily in vans and pass through the jails of the National Court (the Supreme Court does not have), waiting for the sessions to begin . All this constitutes a tremendous ordeal, does not facilitate the defense and isolates the prisoners from their environment. I heard him say to Oriol Junqueras in Lledoners, who lived like a nightmare to imagine what those days would be like. Since oral hearing is imminent, it would make perfect sense to grant provisional freedom, since there is no danger of criminal reiteration. It would be wise for the judiciary to change its mind, especially when Strasbourg will say the last word. Camus wrote: if man fails to reconcile justice and freedom, he fails in everything.

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