Barcelona Updated:15/02/2020 03:08h
By now there are five leaders had seceded to the prisons catalans have become more flexible since their convictions via a “exceptional” that allows them to daily departures. But the Generalitat is given by the fact that in brief the nine leaders of the “procés” that are in prison will benefit from the article 100.2 of the Prison Rules. A prebenda from which only enjoy ten percent of the prison population that would be applicable in the whole of the prisons in Catalan, but that predictably will end up getting all the damned of the 1-O.
When, after being sentenced, an inmate enters prison, the prison must decide to what degree it qualifies: first (closed), second (ordinary) or a third party (semi-freedom). The most common is that the joints of treatment opt for the second degree. Such is the case of the nine prisoners secessionist sentenced by the Supreme Court. Prisons Catalan, however, have laid hold of an article of the Prison Rules -the 100.2 – that allows you to “relax” this rating system to “combine” different aspects of these degrees. The leading secessionist -by now, five of them – benefit from this “flexibility” in the sense of enjoy, in spite of being in second grade, daily trips to work, and do volunteer work.
That article 100.2 is “an exceptional measure” and requires a “narrow interpretation” reminds the office of the Prosecutor in an appeal yesterday to oppose you can enjoy it Jordi Cuixart (Omnium), which this week has been the first to benefit from these outputs. But not only is the Public Ministry, as the figures confirm that the use of this article is a little unusual. And that is only to 405 prisoners of all the inmates of prisons in catalonia this article applies to., according to data from the ministry of Justice of the Generalitat to date of 13 February. All of this when they are about 6,000 inmates, already classified, serving time in prisons that depend on this community and could choose him. Does not reach, therefore, the ten percent of the inmate population. It is clear, as they explained to ABC lawyers of career and tanned in these challenges, that “it is not so easy to get”.
In addition to Cuixart, the prison Lledoners (Barcelona) has already accepted to implement the 100.2 to the leader of the Assemblea Nacional Catalana (ANC), Jordi Cuixart, and the exconsejero of the Interior, Joaquim Forn. The penitentiary centre of Mas d Enric (Tarragona, spain) have granted to Carme Forcadell, a former chairperson of the Parliament, and the prison Puig de les Basses (Gerona) to the exconsejera Work Dolors Bassa.
The office of the Prosecutor on Cuixart
These decisions of the boards treatment of the prison are of immediate application -in fact, Cuixart has already begun this week out of Monday to Friday-but now the respective courts of penitentiary oversight courts should endorse the flexibilizaciones of these schemes, in consultation with the office of the Prosecutor.
For the moment, the Public prosecutor’s office -which already appealed without success for a permit regular 72 hours that it had been given to Cuixart – has asked the judge of enforcement of sentences to revoke the daily departures of the leader of Omnium, when the Supreme Court imposed a nine-year prison sentence for sedition. He argues the Prosecutor’s office that Cuixart “does not assume the criminal nature of the facts that were the object of condemnation”. He concludes that only when it supports the responsibility of the crime committed is when the danger of relapse “away in a resounding way”.
The board of treatment allows Cuixart out nine and a half hours a day from Monday to Friday for work, and do volunteering. In the morning you are going to own your own business, Aranow -dedicated to the design of packaging machinery-and a few afternoons at a care centre for people in risk of social exclusion.
The prosecutor recalls that the outputs of imprisonment should be subject to a specific treatment for the offender that it was impossible to perform in prison. In this respect, complains that the technicians Lledoners that have not explained in what way the work and the volunteering of Cuixart are going to “influence positively” in your treatment. It says to go to your own company may not be part of your treatment because the leader of Omnium did not commit an economic crime, and “the area of labour is not a deficit that has to work.” Does not understand the volunteering that you have been granted, since we do not have problems of “social empathy”. In short, as defined sources of law consulted by this newspaper, the 100.2 should be a “made to measure” suit to the “etiology of crime” committed. A requirement that, according to the prosecutor, in the case of Cuixart not met.
The other four cases
The Public Ministry has not ruled yet on the other four prisoners of the “procés” who have already obtained the 100.2, but sources from the Prosecution say that it probably will in the next few days. Almost all were granted outputs for the volunteers, and, in the cases of Forcadell and Bassa, also to take care of elderly relatives. The latter is exceptional, according to sources. In fact, in a decision unrelated to the prisoners of the “procés” consulted by this newspaper, the Audience concludes that “the assistance to obligations of the family” are common to “the generality of the inmates” and “are not related to the activity tratamental”.
Are the judges of enforcement of sentences the must endorse now the easing of the regimen of the prisoners. Give them the reason to the joints of treatment, to the Prosecutor’s office would have the letter of recurrirlo before the provincial courts. In any case, the procedure of 100.2 always esquivaría the Supreme. The opposite of what would happen to a hypothetical third-grade, where the resources would end up on the table of the court trial. That is to say, the judge Marchena.
Translated from ABC News https://www.abc.es/espana/catalunya/abci-menos-10-por-ciento-presos-tienen-beneficios-lideres-proces-202002150308_noticia.html