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ECHR Unanimously Backs Spain on Catalan Leaders’ Pre‑Trial Detention

The ruling says authorities acted proportionately to safeguard the democratic system.

Overview

  • The seven-judge chamber ruled unanimously that Spain did not breach Articles 5, 10 or 18 of the Convention or Article 3 of the First Protocol in the cases of Oriol Junqueras, Jordi Turull and Jordi Sànchez.
  • Judges found the pre-trial detention and related restrictions proportionate to prevent reoffending and the destruction of evidence in a serious and exceptional context following the 2017 events.
  • The court concluded that allowing Jordi Sànchez to attend an investiture session would not have been reasonable due to the risk of renewed incidents tied to the September 20–21, 2017 protests.
  • It rejected allegations of a hidden political purpose, noting that pro-independence parties campaigned in December 2017 and that Quim Torra subsequently assumed the Catalan presidency.
  • Jordi Turull and ERC criticized the decision, with ERC highlighting ongoing recourse to UN mechanisms and potential action before the EU Court of Justice, while pre-ruling reports favoring the applicants proved incorrect.