The Institute of Legal Medicine (IML) of Seville has summoned for May 18, ten days before the election day of May 28, the former socialist president of the Junta José Antonio Griñán, to assess whether his state of health is optimal to enter prison for the ERE case.
All this after completing the radiotherapy treatment. against prostate cancer. The purpose of the summons is to carry out a new recognition from which to issue its new forensic report, judicial sources have informed EL ESPAÑOL.
The same, according to the First Section of the Hearing, must determine if the pharmacological and rehabilitation treatment that Griñán has left after the radiotherapy sessions “is compatible with imprisonment” in order to execute the sentence. The Supreme Court confirmed his sentence last September of six years and one day in jail.
[The Court processed Griñán's admission to prison after completing his radiotherapy process]
Last January, the Sevillian court postponed his imprisonment after alleging his defense that he suffered from prostate cancer. At that time, the Court decided to wait for him to finish his treatment after concluding that his entry into jail was not convenient.
In this sense, the court explained in its last decision in this regard, dated May 2, that the new documentation sent by Griñán's defense specifies that after radiotherapy, the action plan consists only of pharmacological treatment and exercises rehabilitators.
The Court also requested last March to the director of the Sevilla I prison will report on the situation of the center's medical services. In that letter, he made it clear that it is possible for an inmate sick with cancer to be treated from prison by arranging visits to the hospital to receive radiotherapy and attend check-up consultations.
[The seventh former senior officer of the 'ERE case' and cancer patient like Griñán enters prison]
Barberá requested the suspension of the sentence long before José Antonio Griñán did, having been afflicted with the disease for more than five years. However, according to the Court, the treatment prescribed to Barberá “can be dispensed” in the prison “with the hospital reviews to which it must be submitted”.
Appeal to the TC and pardon
For his part, Griñán continues to rush all the steps to avoid prison. The last thing was the appeal for amparo raised before the Constitutional Court against the initial condemnatory sentence of the Audiencia de Sevilla.
This appeal was also filed against the judgment of the Supreme that he dismisses his appeal against that penalty and against the decision of said instance not to admit his motion for nullity in the face of such dismissal of the appeal.
[José Antonio Griñán formalizes his appeal before the Constitutional Court against his sentence for the 'ERE case']
However, both Griñán and the rest of the convicts, and all of them in prison, harbor another hope: the resolution that the Government decrees on his request for partial pardon, presented by his family on September 1.
The Pardon Law does not establish deadlines and depends on political will. The current date, in the middle of the electoral process, does not favor him, as it is a controversial issue for the Government, although after 28-M all views will already be on the general elections.
One of Griñán's hopes is that, if he goes to prison, the government's measure of grace reduce part of your prison sentence and, once this happens, you can request the total suspension of the same, as contemplated in article 80 of the Penal Code.
At the moment, these files are still being analyzed. In an interview on Onda Cero, the minister, Pilar Llop made it clear that this concession has clear lines. They have never been granted in cases of corruption, in cases of gender violence or in cases of drug trafficking in the Campo de Gibraltar.
In any case, neither of these two options, nor the processing of the appeal to the Constitutional Court nor the resolution in favor of the pardon, will free him from being able to go to prison if the Court executes the sentence.