Here is a summary of the key points of the text:
- Who will it affect? -
This law aims to "put an end to judicial processes and sentences affecting anyone, without exception, who took part in the independence campaign" including the "consultation in Catalonia on November 9, 2014 and the referendum of October 1, 2017".
On both dates, Catalonia held a symbolic, non-binding referendum on independence in defiance of the Spanish courts.
The law will apply to anyone convicted or sought by the justice system in connection with either event and will mean all charges against them are dropped.
The government estimates the move will affect more than 400 people.
- Period of validity -
"This organic law amnesties acts classified as offences... that took place between November 1, 2011 when the events of the independence campaign began and November 13, 2023."
In the previous draft, the initial date was January 2012 but the separatists wanted to include the last two months of 2011 to cover the start of the process that led up to the symbolic declaration of independence of October 27, 2017.
- Which offences are covered? -
"A precise and detailed definition of the acts eligible for amnesty has been drawn up to ensure legal certainty," it says, pointing to "the organisation and holding of the consultation and the referendum but also... the preparation of the referendum, different protest actions to allow it to be held, or to demonstrate opposition to the prosecution or conviction of officials".
- Defining 'terrorism' -
One of the main problems with an earlier draft of the bill, which was rejected by MPs on January 30, was its reference to "terrorism", with the hardline separatist JxCat party saying the wording did not offer sufficient protection against prosecution on terror charges, notably its leader Carles Puigdemont, who fled into exile after the botched secession bid.
A month later, Spain's top court said it was opening a probe into Puigdemont on "terrorism" charges over his alleged links to a group called Democratic Tsunami that led a string of protests after Spain jailed 13 separatist leaders, which included blockading Barcelona airport.
JxCat had wanted to remove the "terrorism" reference but the Socialists refused.
In order to avoid the bill being overturned by the Constitutional Court or the European Court of Justice, the new version removes the concept of "terrorism" as defined by Spain's penal code and instead used that laid out by international law under the European directive of 2017 and the European Convention on Human Rights.
- When will it come into force? -
Once the courts are approached, they will have "a maximum of two months" to order the individual's "immediate release" and to order the "rescinding of arrest warrants and detention orders.. national, European and international" and to put an end "all custodial sentences, civil rights limitations and fines".
This means Puigdemont will be able to return quickly to Spain without fear of arrest. His fate has been central to the text of the law which was jointly drafted by Prime Minister Pedro Sanchez's Socialists and the separatist parties.
- Justification for the law -
"Application of the law is necessary but at times it is not enough to resolve a long-running political conflict," the text says, describing the legislation as "one more step along a difficult path but one which is both brave and conciliatory".
Presented since the outset as a tool for "social cohesion" in Spain, this law is above all vital for the future of Sanchez's left-wing legislature which was only able to resume office in November thanks to the support of the Catalan separatist parties, with the amnesty law its quid pro quo.
Without their ongoing support, Sanchez's minority government will find it very difficult to push any legislation through parliament.
Related Links
Democracy in the 21st century at TerraDaily.com
| Subscribe Free To Our Daily Newsletters |
| Subscribe Free To Our Daily Newsletters |
