Spanish prosecutors appeal against pro-independence leaders being given prison leave

Spanish prosecutors are threatening to bring a Supreme Court case against the use article 100.2 of the Spanish constitution by some of the jailed pro-independence leaders.

The article has allowed four of the imprisoned to leave jail for a fixed amount of hours per day and days per week in order to work and take care of family members. 

The Catalan politicians and activists were awarded the daytime leave due to their status as medium level inmates, but prosecutors argue that they are being treated as “covert low level” prisoners and that they should not be allowed the opportunity to apply for the permissions they are being given. 

The prosecutor's office has lodged an appeal against the awarding of leave to jailed activist Jordi Sànchez, arguing that the volunteer work that he will do will not serve as an appropriate punishment for the crime of sedition, of which he was convicted in Spain’s Supreme Court in October. 

The prosecutor also believes the crime is "exceptional" and, therefore, requires the "restrictive interpretation" when it comes to awarding or not the daytime prison leave. 

In total, Jordi Cuixart, Jordi Sànchez, Carme Forcadell, Quim Forn, and Dolors Bassa were granted allowance to leave jail using the constitutional article in question.