The Congress of Deputies has approved the amnesty law on Thursday with the aim of closing all judicial cases related to the Catalan independence process for the purpose of promoting “institutional, political, and social normalization in Catalonia.” The initial proposal was submitted by the PSOE in November to secure the necessary support from Junts and ERC for the investiture of Pedro Sánchez. The law has been modified twice to ensure that it benefits all those involved – estimated to be over 400 individuals – and receives approval from the Constitutional Court and European courts. The effects of the law will begin once it is published in the Official State Bulletin, which is expected to occur next week.
The amnesty law will pardon all crimes committed between November 1, 2011, and November 13, 2023, in the context of the Catalan independence process. This includes acts directly related to the illegal referendums held in Catalonia in 2014 and 2017, as well as those associated with the independence movement. However, certain exceptions exist, such as acts of terrorism that intentionally violated human rights, as well as acts resulting in death, abortion, or severe injuries. Embezzlement of public funds will be pardoned if used to finance independence-related activities and not for personal gain.
To implement the amnesty law, each court that has issued a sentence or is handling a case affected by the amnesty must act swiftly. Judges have a maximum of two months from the law’s entry into force to apply the amnesty. Upon publication of the law, judges must immediately lift arrest warrants and any other measures imposed on potential beneficiaries. The law aims to benefit nearly 400 individuals, including politicians, public officials, citizens involved in post-sentencing riots, and police officers implicated in the independence process.
The law may be challenged before the Constitutional Court, but such appeals will not suspend the amnesty, meaning it must be applied within the two-month timeframe regardless of any legal challenges. However, questions of constitutionality or European Union law could delay the application in specific cases until a ruling is issued. Once the law is in effect, judges must lift preventative measures and arrest warrants, allowing individuals like Carles Puigdemont to return to Spain without fear of arrest.
Oriol Junqueras, who was previously imprisoned and later pardoned but still facing disqualification, will see his disqualification revoked with the amnesty. If the case is referred to the European Court of Justice, the application of the amnesty will be put on hold until a decision is reached. The final decision on who benefits from the amnesty lies with the judges, who may seek guidance from the EU or Constitutional Court and choose not to apply the amnesty in specific cases, especially those involving terrorism or embezzlement.
The aim of the amnesty law is to benefit all those involved in the Catalan independence process, but judges have the ultimate authority in determining its applicability. They may seek guidance from higher courts or choose not to apply the law in cases deemed unsuitable. The law is expected to impact the return of individuals like Carles Puigdemont and the end of disqualification for figures like Oriol Junqueras, but legal challenges could still arise, delaying the full implementation of the amnesty.
