One of those investigated in the National Court for his relationship with Tsunami Democràtic has asked to remove the investigating judge, Manuel García Castellón, from the case for his public pronouncements on the amnesty.
The incident of recusal presented by Benet Salellas, lawyer of the investigated Oriol Soler, considers that the words of the magistrate in a conference – under the title “The National Court, an exceptional Court” – in Orense on October 5 “imply taking a position which irremediably compromises the due impartiality of every magistrate”.
In that intervention, after indicating that as a magistrate in charge of matters such as Tsunami he could not express an opinion, García Castellón stated: “Only as a citizen can I say two things. One: that the Constitution does not prohibit slavery and yet it is not possible. And it is not expressly prohibited. And two: Well, these gentlemen have said if they are going to repeat it as soon as they can, so will this amnesty be the first of many others later?”
According to the challenge raised, these expressions “clearly evidence the animosity and rejection caused by Mr.. Magistrate of the Catalan independence movement. In this way, by publicly exposing his legitimate contrary opinions, we consider that he has irremediably condemned his impartiality” in prosecuting cases related to the process.
The recusal petition explains that the procedure that affects Tsunami “is directly linked to the object of the amnesty law” and that, “it is not difficult to see that expressing an opinion on the amnesty law that is currently being negotiated is yes or yes express an opinion on the criminal nature of the pro-independence social mobilizations and whether or not they deserve criminal reproach. […] Whoever expresses an opinion against the amnesty does so, evidently, from the prejudice that the entire set of amnestiable conduct deserves criminal reproach and therefore a judicial investigation aimed at achieving said objective.”
Processing
The challenge raised will now be examined first by García Castellón himself.. The judge may reject it outright or accept its processing by another judge of the National Court.
The request comes two days after García Castellón charged a dozen people for their role in the implementation and activities of Tsunami, whose actions could constitute crimes of terrorism or aggravated public disorder.
The legal qualification – which allows the jurisdiction of the National Court – is going to be fought by the Court's Prosecutor's Office, which does not detect terrorism in these events and does not see this court as the competent body to investigate it..
Soler's defense will also appeal, as anticipated in the challenge: “Beyond the obvious legal difficulties of initiating a criminal investigation into a 'social mobilization initiative', an issue that we will analyze later through the relevant procedural resources,” write your defense.
The decision on whether the case remains in the Court or is sent to Catalonia, as advocated by the Public Ministry, will correspond to a court of the Criminal Chamber, in charge of reviewing the decisions of the investigating judge.