The Supreme Court judge has decided to close the case for terrorism opened against Carles Puigdemont in ‘Tsunami Democràtic’ after the National Court has decreed that one of the extensions of judge Manuel García Castellón was illegal. Judge Susana Polo understands that before this irregular extension there was “no investigation” around Puigdemont, none of the investigated had been called to testify, which “prevents the proceedings from continuing through the procedures of the abbreviated procedure.” The case is closed to Rubén Wagensberg, another of those investigated in this case that revolves around the massive protests in Catalonia against the Supreme Court’s ruling on the procés.

The National Court ruled yesterday that Judge Manuel García Castellón had illegally prolonged the investigation into the organisation of these protests and riots in 2021. The consequences came a few hours later, with the investigating judge himself closing the case. The court’s decision invalidated, in practice, all the evidence put in place since then. Carles Puigdemont, for example, was not given the status of investigated until the end of 2023, in the midst of negotiations for the amnesty law.

The final word on the former president’s case was given by Supreme Court judge Susana Polo, who took charge of his case due to his immunity as a MEP. The answer came this morning: the nullity of the illegal extension of 2021 extends to his current indictment for terrorism. Before that extension, says Polo, “no investigation was carried out into the case” on Puigdemont’s possible involvement. That “prevents”, adds the judge, that these actions can lead to a trial.

In recent weeks, the Supreme Court has examined the application of the amnesty law to the various cases related to the Catalan independence process being heard in its Criminal Division. Judge Pablo Llarena, the investigating judge in the main case, announced in an order that the law does not pardon the crime of embezzlement of public funds attributed to the former president, a decision that has been appealed by the Public Prosecutor’s Office. The division that judged the Catalan independence process, for its part, understands the same with respect to the Catalan political leaders who were convicted in 2019.

The only thing left to know was the decision of Judge Susana Polo, the instructor of the branch of Tsunami Democràtic sent to the Supreme Court by Judge García Castellón with Carles Puigdemont and Rubén Wagensberg as implicated. The judge recalls that everything the judge did after the deadline expired in 2021 is not valid: “They must be removed from the process and will not serve to shape the decision on the continuation of the proceedings.”

Carles Puigdemont is therefore no longer accused of terrorism and the two criminal proceedings that remain open against him are the main cause of the trial and the investigation into the Russian plot. As for the first, Judge Llarena has understood that embezzlement is not amnestiable and has also kept him wanted in Spain. As for the second cause, Judge Aguirre has also refused to apply the law of pardon and has sent the case to the Supreme Court.


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