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ECHR Backs Spain on Pretrial Detention of Junqueras, Turull and Sànchez

Judges said the restrictions were proportionate in an exceptional context to protect constitutional democracy.

Overview

  • On November 6, a seven‑judge chamber unanimously rejected claims that Spain violated the political rights and freedoms of the three Catalan leaders during pretrial detention after the 2017 events.
  • The court said detention sought to prevent reoffending and destruction of evidence, found no hidden aim to silence them, and concluded national authorities balanced competing interests without arbitrariness.
  • It ruled that transferring Jordi Sànchez to an investiture session would not have been reasonable due to the risk of new incidents, and noted their parties ran in the December 2017 elections and proposed candidates.
  • The joined case dismissed alleged breaches of the right to free elections, liberty and security, freedom of expression, and misuse of restrictions, and found the measures compatible with the essence of electoral rights.
  • Jordi Turull called his jailing politically driven as ERC stressed other international avenues remain open, a separate ECHR review of the 2019 convictions is still pending, and El Periódico issued a mea culpa for an inaccurate preview.