Supreme Court judge Pablo Llarena, in charge of the case against the Catalan independence process, has written this Thursday in a ruling that he is not competent to decide which jail the political prisoners have to serve their pretrial detention in.
The judge made the comment in a ruling in which he again refused an appeal for release from pretrial detention from former Catalan Parliament speaker Carme Forcadell, former Catalan vice-president Oriol Junqueras and former minister Raül Romeva.
It follows the new Spanish interior minister, judge Fernando Grande-Marlaska, saying he is in favour of the prisoners being moved closer to Catalonia, if Llarena allows it.
The judge quotes legislation which says that "the management, organisation and inspection of the institutions [in question] correspond to the General Management of Penitentiary Institutions of the Ministry of Justice". This precept, the ruling explains, goes along with another article which says that "the managing centre has the exclusive competence to decide, ordinarily or extraordinarily, the classification and destination of inmates at the different penitentiary establishments".
The judge has again refused to release Oriol Junqueras, Raül Romeva and Carme Forcadell, arguing they still pose a flight risk and risk of reoffending, despite there being a new government now in office in Catalonia. Nor does the judge put any value on the arguments for personal or family reasons all three used. According to Llarena, the risk of them reoffending doesn't vanish now they are not members of the government, because they held "main roles" in social and political organisations which gave "support to the process".
On the other hand, in response to an appeal from Anna Simó, the judge lifts the bail measures against those Parliament deputies charged with disobedience: Simó herself, Lluís Maria Corominas, Lluís Guinó and Ramon Barrufet. As such, they will no longer have to appear in court every week, get their passports back and can again leave Spanish territory. They will also have returned the 25,000€ (£22,000, $29,000) bail they posted.