Thursday, November 13, 2014

Most prosecutors oppose TSJC complaint against … – The Vanguard

Most prosecutors oppose TSJC complaint against … – The Vanguard

The complaint of the Attorney against the president of the Generalitat in the 9N is delayed. The reason lies in the questions of the prosecutors themselves on the content and scope of the text. In fact, at a meeting devoted to studying the draft writing, six of the nine prosecutors High Court of Justice of Catalonia (TSJC) they were opposed to file the lawsuit on the terms contained in the proposal submitted from the Attorney General. However, the Government does not consider another possibility that the filing of the complaint. Meanwhile, the Attorney General denied yesterday he received pressures. For now, the test is it only against Artur Mas and Joana Ortega for disobedience.

In all areas of the Prosecution have also generated discomfort and amazement political interference in recent days by giving statements for allegedly filing a lawsuit that is still being developed. This explains why the state attorney general himself, Eduardo Torres-Dulce, maintained a rather passive attitude in the meeting held yesterday with the chief prosecutor of Catalonia, José María Romero de Tejada. The Attorney General shall review the final draft, but the discrepancies with prosecutors Catalunya, wanted as these that carry forward the complaint. In a ceremony yesterday in Madrid, Torres-Dulce stated “I am waiting for Barcelona decision. And once you receive the decision take by me also the appropriate decision.”

On Monday, the Attorney General State forwarded a draft complaint to the Prosecutor of TSJC, which was discussed at a meeting of prosecutors assigned to this department. There are nine, and according to sources familiar with the matter, six of them were opposed to initiating this prosecution in the terms arising in the document.

The reason is that they did not believe there was enough criminal matters to support the crimes that were proposed, which were abuse of power, transgression and disobedience. The first was discarded. The transgression was difficult to sustain, because no written resolutions and there is also Supreme Court case law that tends to dismiss it. And disobedience was considered difficult because it is a political act, and the dissenting opinion that it should not lead the field of criminal law.

The intent of the Prosecutor of Catalonia is to continue the process according to the instructions of the Attorney General, but do so with guarantees that can not thrive and find that the TSJC rejects. Thus, prosecutors must shape it is in a difficult situation to political interference and pressures to which they are subjected, without considering that in Catalonia have been working on this issue for days and followed and process development participatory throughout the entire weekend.

At this time, the position of the Prosecutor is accusing the TSJC only Artur Mas and Joana Ortega only by disobedience, which is the issue that are more feasible although the scene is so volatile that may change. It appears that until next week there will be a final decision.

take more or less, but the government does not address other than the possibility that the prosecution file a lawsuit against those responsible for the Government deemed by the Executive to suspend the consultation and participatory process, the Constitutional Court ruled skipped. The Executive, in fact, confident that the complaint was immediate. Go as clearly illegal policy makers and Artur Mas, Joana Ortega, and Councilmen of Interior and Education, who hoped that the indictment was immediate. Once the rush was that they were not shared by the prosecution, President Mariano Rajoy fingers crossed to have filed the complaint when brought before the media, but neither came. However, government sources who say they are still working with the scenario that the complaint will be submitted, but “the times of Justice, that have nothing to do with politics.”

PP leaders continue pushing making statements presentation. And the PP believes that the data supporting the Government has jumped the suspension of Constitutional sufficient to act, and therefore not attribute the delay to the Office of Catalunya, but the state attorney general, who have always been very critical, also what to do with cases of corruption involving the PP. Which attribute to that the appointment was a personal decision of the former Minister of Justice, Alberto Ruiz-Gallardón.

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