Xavier Melero cools the 'indepentist' thesis of a "political cause", praises the judges Llarena and Marchena and recalls that the high court is one of those with fewer setbacks of the Court of Strasbourg.
The lawyer of the Catalan Interior Minister, Joaquim Forn, has praised Wednesday the "prestige" of the Supreme Court. Xavier Melero, head of the defense of the former Interior Minister, recalled that the high court is the one that has received fewer setbacks of the European Court of Human Rights (ECHR), based in Strasbourg.
In full campaign of the lawyers of the investigated independentists of discredit of the Supreme, Melero has been unmarked of this strategy. "I do not know what a political cause is, I know that judicial evidence and responsibility is about facts," he has defended before the microphones of RAC1. "It is not my strategy to put the accent on communicative aspects, like some of my colleagues," he added. In the political arena, Melero has praised the application of Article 155 in Catalonia since it was "a political mechanism, voted in the Senate that settled an episode of rebellion, according to the accusation."
Commendations to Llarena, Marchena and the Supreme
Asked about Judge Pablo Llarena, who has instructed the cause of the procés in the region, Melero has described him as "a prestigious jurist of great competence and long-term in Catalonia" and recalled that he met him "very much" during the stage of the magistrate as president of the sixth section of the Audiencia of Barcelona and president of the Superior Court of Justice of Catalonia (TSJC). In the case of 1-O, the lawyer has nevertheless been "surprised" by the instruction made by Llarena, but recalled that the judge "marked red lines, which were to renounce one-sidedness, abide by the 155 and collaborate with the court".
"At a certain moment, the court's criteria change, and why does it change?" Because of the King's speech on October 3. For the elections of December 21. No. It changes because the investigating judge sees that the aforementioned begin not to appear , when Mrs. [Marta] Rovira does not appear and Puigdemont had already evaded justice, "he said. With regard to the president of the Second Chamber, Manuel Marchena, who will preside over the trial, recalled that the magistrate "drafted an exemplary judgment for the harassment of the 15M Parlament, he is a slave to his words, I have confidence in him. What has been said about him has been said by third parties. " In relation to the Supreme Court itself, he has described it as "a professional court" that will screen "the legal basis of rhetoric." He has denied that the sentence "is already written", has claimed the "prestige" of the Supreme on a "national and international" level, although now it would go through a "crisis of prestige" for the judgment of mortgages, for example. "The Supreme Court is one of the most prestigious courts in Europe and one of those that has had the least number of contrary judgments of the European Court of Human Rights (ECHR)," he stressed.
"Technical defense" of Forn
Perhaps for this reason, he has warned that he will perform a "technical defense" of his client, unlike the rest of the defendants in the macrocause, who are inclined to the political allegation, and has advanced some details of it. "The demonstrative elements of the accusation lead us to think that it is a conjecture and an ideological apriorism. The problem will be for the accusation to show that the Mossos d'Esquadra acted as a political police," he warned. "The problem is the evidence: What evidence is there of incitement to rebellion? Declarations of pacifism? Press clippings?" the lawyer asked himself.
Melero added that the crimes of rebellion and sedition "are very strange" and warned that "there are barely 30 sentences for rebellion in the entire 21st century in Spain." From his point of view, "where the evidence goes are towards an acquittal, I am very calm." He has argued with the fact that, according to him, "the prosecutor does not have a story contrary to mine, his is built on the basis of statements, tweets and opinions of people who were not with my client [Joaquim Forn]", indicated. In the question of the 1-O, the lawyer has defended that the orders of the National Police and the Civil Guard were similar to those of the Mossos d'Esquadra: "safeguard the coexistence".
He sets himself apart from the rest of the lawyers
The statements of the lawyer of Joaquim Forn in the trial for the illegal referendum of October 1 and the subsequent unilateral declaration of independence (DUI) frustrated in Catalonia underpin his strategy until now. Xavier Melero has repeatedly distanced himself from the politicization and political allegations that have made the defenses of the majority of defendants accused by the procés. In November 2017, the lawyer warned that the escape of the ex-president Carles Puigdemont to Brussels "harmed his clients."
After that, Melero, who also defends some accused of the Parliament´s Bureau, also investigated in the same case, charged against the former chief executive of the autonomous Government fugitive of Spanish justice. "My technical opinion is that in a situation of these characteristics, he starst an endless flight and undergoes a cosmetic surgery or appear before the court and resolves the issue," riveted, before praising the "separation of powers " in Spain.
https://cronicaglobal.elespanol.com/politica/xavier-melero-abogado-joaquim-forn-supremo_214509_102.html
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