The decision of the Supreme Court to revoke the open prison regime and the 100.2 article of the political prisoners has generated tensions and protests, also within the legal sphere. The Catalan Advocacy Coordinator has denounced this Saturday that with this pronouncement the court has attacked the "fundamental rights" of the prisoners and violated "seriously" the "right of defense of the penitentiary population". For this reason, it calls on the Advocacy Associations and the Advocacy Council of Catalonia to process a formal complaint in the General Council of the Judiciary (CGPJ).
In a statement, the Advocacy Coordinator insists that it is the prison surveillance courts that are "in charge of protecting the rights of prisoners" and that "they control the execution of sentences". Citing Article 96 of the Organic Law of the Judiciary, the institution emphasizes that they also have jurisdiction over the "benefits of inmates".
In the document, they recall that the General Organic Law on Prisons follows the principles of "legality" and "resocialization" and rejects the "retributive and exemplary" purpose that, in their opinion, the Supreme Court's pronouncement has had in the penitentiary classifications of the independence movement leaders. They also warn that this decision "will affect the entire prison population".
The Advocacy Coordinator considers that in the Catalan independence bid, "the three powers of the State have been mixed up, modifying the objective competencies of each judicial organ", and censures the "interpretations" that have "allowed" a sentencing court to directly revise "a regime of penitentiary classification" such as the one provided for in article 100.2, which it calls a "symptom" of the " warfare law" of the State and its courts.
Capella urges the Supreme Court to run for election
At the same time, the Catalan Minister for Justice, Ester Capella, has also expressed her indignation at the revocation of the third degree of the prisoners. In an interview on Catalunya Ràdio, she urged the second chamber of the Supreme Court to stand for election, because she considers what they are doing to be politics "and nothing more". In his opinion, the Supreme Court "has tried to teach and punish Catalan public servants, and those who have really been taught and punished have been the penitentiary surveillance courts, who are the specialists in the matter". She has also taken the opportunity to disassociate the issue of prisoners from ERC's support of the general state budget. "Political conflict cannot be negotiated with budgets", Capella said.