Madrid. the Spanish Constitutional Court agreed to hear the appeal filed by the Basque separatist leader Arnaldo Otegi to stand for regional elections next September 25 in Euskadi, after being set apart by the Electoral Board at the request of the Spanish government, the rightwing Mariano Rajoy.
the still candidate EH-Bildu coalition announced repeatedly that in any case will be submitted to the election as leader of the sovereignist strength and fight to open a route unilateral secession of the Spanish state similar to open in Catalonia for two years.
the highest court in constitutional matters of the Spanish State not even issue a ruling on the controversial case of candidacy Otegi, prohibited by the Electoral Board at the request of the government.
Otegi, 58, was released from prison last March 1 after being held for more than eight and a half years, in compliance with a ruling that convicted him of a crime of belonging to a terrorist organization. He was also disqualified from public office until 2021 no longer have the right to stand as a candidate of a party in the same period.
The Basque leader to his release from prison, warned that despite all would be presented as a candidate because in his view, and his lawyers, the measure is not detailed in the judgment and also in a similar case that was affected a former member of ETA was allowed to be elected and serve as Local deputy.
But in the case of Otegi, the most charismatic of Basque independence leader, state attorneys each filed complaints before the Electoral Board to close the way for his candidacy.
with this scenario, Otegi announced that his lawyers submitted an appeal to the Constitutional Court to let the bottom of the matter and decide whether it was consistent with the law the ban.
But the High Court rejected unanimously by explaining that “the Administrative Jurisdiction does not belong to review the settlement sentence imposed by the criminal courts the National Court, and that calculation the sentence can not be the subject of an action for electoral amparo “.
according to the Court, the agreement of the electoral Board who pulled out of the lists did not infringe any fundamental right that Otegi mentioned in its appeal: the right to effective judicial protection, principle of legality and right to participate in public affairs. In his opinion, Otegi is a cause of “legally provided ineligibility, under a final judicial decision” and the Electoral Board “was compelled” to compliance.
The only way, although no longer be immediate resolution, is the Court of Human Rights in Strasbourg, which in any case analyze the issue in several months, perhaps years. In any case, Otegi will appeal to the highest European court.
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