Jailed pro-independence leaders appeal suspensions as MPs

The lawyer of two jailed pro-independence leaders has appealed to Spain's Constitutional Court asking that the decision by the Supreme Court to suspend them as MPs be annulled.

The defense of former vice president Oriol Junqueras and former foreign minister Raül Romeva, still awaiting trial for their part in last year's independence bid, also wants the court to halt the suspensions while the request is processed.

According to defense lawyer Andreu Van den Eynde, the Supreme Court made an "erroneous" interpretation of the article that allows imprisoned MPs to be suspended.

The appeal comes at a time when the pro-independence parties in the Catalan government have still not agreed on how to apply the court suspensions of jailed and exiled MPs, and this latest development could further delay a decision.

A meeting between the ERC and JxCat parties with Parliament president Roger Torrent on Wednesday to find a strategy for applying the suspensions ended without agreement. Yet, the parties say they hope to reach agreement before the plenary session due to begin on October 2.

As for the 28-page appeal, it argues that the suspension infringes certain fundamental rights of the two politicians and that the law says their case should be handled by the high court in Catalonia rather than by Spain's Supreme Court.

"This prosecution has meant the end of the defendants' political rights, establishing an ill-fated precedent in Spain," reads the appeal, which also claims that the presumption of innocence of the two politicians has been compromised.

"No violent uprising," says defense

The appeal also challenges the charge of rebellion against the MPs, citing definitions of "rebel" in previous Constitutional Court rulings as including the "use of weapons of war or explosives to attack the constitutional order." The defense argues that during the independence bid "there was no violent uprising."

Another argument made by the defense is that the rights of the two men to political participation and representation have been infringed. "If an MP is not allowed to fully carry out their duties, it is an infringement of their right of passive suffrage and also of the active suffrage of the citizens who voted for them," reads the text.

The appeal also points out that the Spanish Constitution "does not prohibit nor put limits" on political debate and nor can it "improperly" prevent the functions of an elected parliamentarian or their right to express themselves in the chamber.

Suspension of MPs "clear," says opposition

However, the leader of the main opposition party in Catalonia, Ciutadans (Cs), responded by saying that the Supreme Court ruling "clearly" states that the MPs accused of rebellion must be suspended.

Reacting to comments made by exiled former president, Carles Puigdemont, claiming that only the voters can decide if MPs must give up their seats, Inés Arrimadas said that "the opinion" of the Catalan leader "can never" come above the law.

"There is a court ruling that clearly states that the MPs accused of rebellion must be suspended," said Arrimadas, who added that in a democracy "what counts is what the law says and not what Puigdemont says from Brussels or whatever place he is in avoiding justice."