The lawyers for the Catalan political prisoners, Xavier Melero, Marina Roig, Jordi Pina, Andreu Van den Eynde, Mariano Bergés and Olga Arderiu, have, in an unprecedented joint press conference, announced a new application for the release of the pro-independence leaders. "We have to again demand the court release our clients", said Jordi Cuixart's lawyer, Marina Roig. The idea is to "end with this unjust situation of pretrial detention", added Xavier Melero, lawyer for Joaquim Forn.
The filing for release will be presented next week to the trial chamber which has now taken the case over from instructing judge Pablo Llarena, who has ended the investigation period.
The announcement comes the day after a German court conceded to extradite Carles Puigdemont, but only for the charge of misuse of public funds, not for rebellion. It has two objectives, as Oriol Junqueras's lawyer, Andreu Van den Eynde explained: "To resolve the unjust situation of imprisonment and for the Supreme Court to be able to resolve a problem of its own, the loss of prestige". Van den Eynde said that "there's no chance that this will end in any conviction for rebellion" and concluded that "it's a win-win - we have the opportunity to solve two problems at the same time".
According to Melero, the German decision "is a classic decision and confirms what's been said by everyone who's had to comment" on the case. He said it "should have to cause reflection about how the legal system is being used to confront a social phenomenon".
Jordi Pina, who represents Jordi Turull, Josep Rull and Jordi Sànchez, directly addressed the Supreme Court, saying it should "make a much more prudent reading of pretrial detention than it is doing. It directly clashes with article 24 of the Constitution, of the presumption of innocence, and it's planned for those cases which are so serious that [the suspects] cannot remain free because they endanger physical integrity, individual interests...".
Pina also said they have to take advantage of "the door opened by the German court to reflect". "The resolution denies [there was] violence and says that democratic means were used", said Dolors Bassa's lawyer, Mariano Bergés.
The suspension
The lawyers directly relate the meeting between Pedro Sánchez and Quim Torra with Pablo Llarena's decision to suspend their clients from public office. This suspension should have been automatic, once their prosecution was confirmed, but the judge took more than 10 days to order it.
Pina this morning presented appeals against this ruling on behalf of Jordi Turull, Josep Rull and Jordi Sànchez; Van den Eynde will do so for his clients in the next few days.
A fair trial
The lawyers still cannot predict when the trial will take place, but they believe that "it will go quickly and the intention is to go quickly", said Olga Arderiu, Carme Forcadell's lawyer. They also have doubts about the indictments the public prosecution will file and whether they will leave rebellion out of the charges, although they believe that "it would be logical to lower the requests".
"It's inconceivable that they thought that there could be violent uprisings", Roig said to argue against a possible charge of conspiracy to rebel.
There are no pacts
All the lawyers have confirmed they haven't negotiated, nor will they negotiate with prosecutors.
"The German resolution doesn't help anything because there's nothing to negotiate. We will ask for acquittal and we'll go to the European Court". "We don't talk or make pacts", said Van den Eynde in name of the defence of the prisoners from ERC.
"What do I have to negotiate? Absolutely nothing. There's no crime. I have absolutely nothing to negotiate," said Marina Roig.
Xavier Melero, took a similar line: "No negotiation is possible nor desirable. The idea of pleading guilty and accepting everything is unimaginable". On the chance of an exchange of charges, he was conclusive: "The chance of a pact on the charge of disobedience is irrelevant. It's a closed door. Sitting them down in the dock has a symbolic value and strengthens the defence's propositions".
Jordi Pina, representing the other PDeCAT prisoners was even more direct: "We haven't met nor negotiated and it's not our intention to do so".
The image of unity
The lawyers were all appearing together for the first time. They agree that there's no legal basis for the charges of rebellion, misuse of public funds and disobedience and that the situation of pretrial detention is unjust.
Never before had the defences made nor announced a joint strategy. They all denied making pacts with prosecutors, but admitted to having differences when it comes to asking for evidence and reports.
They say they haven't discussed whether it's better or worse for Carles Puigdemont to be extradited or not and that they haven't planned on making strategic use the situation of the politicians in exile.