Have the conditions changed for Jordi Sànchez, Jordi Cuixart and Joaquim Forn to be able to leave prison? That was the question running round political, legal and media circles in Madrid last night after the statements they made to judge Llarena in the Supreme Court. It's evident that so unjust and exaggerated was the preventive detention without bail dictated for Forn and the Jordis (for which the first entered Estremera prison on 2nd November and the second two entered Soto del Real on 16th October) that the testimony of the three accused this Thursday should necessarily lead to changing the adopted incarceration measures. There is no risk, they say, as they explicitly rejected the unilateral path to independence in the court and accepted the Spanish Constitution.
It's likely that we will have to wait until Monday for Llarena's decision. At least, that was the prediction coming from the Supreme Court in the middle of a narrative which sometimes seems optimistic and at others not. The most favourable vision of their leaving prison was when the responses they offered in the court were coolly explained, leaving no shadow of doubt with respect to their acceptance of the law. On the other hand, the most negative analysis came when taking into account the prior actions of both the National Audience and the Supreme Court which haven't stopped building up a sui generis argument with respect to the hypothetical crimes committed and the risks implied by their release.
In the coming hours, their lawyers will ask for the release of the three accused which, what's more, coincides with the constitution of the new Parliament next Wednesday and with the fact that both Sànchez and Forn are deputies-elect on the Junts per Catalunya list. Their votes are also necessary for what the public voted for to be reflected in the chamber and for the pro-independence side to reach 70 seats, the total they got at the ballot boxes.
It would be good if many of those who have publicly argued in recent weeks that without accepting the law they can't leave prison would have the courage to argue for their release now that this has happened. The situation of prison is not only unjust and exaggerated but, as elected parliamentarians, surely violates their rights. Moreover, preventive detention is completely out of place and there has been no flight risk since they decided themselves to hand themselves in to the judge.
But all that possibly doesn't fit well with the punishment many argue for even though that has little to do with justice.