Jailed Catalan separatist has 'immunity'

The European Court of Justice (ECJ) on Thursday ruled that imprisoned Catalan lawmaker Oriol Junqueras has the right to parliamentary immunity. 

Junqueras was elected to the European Parliament (EP) in May. 

What the court said

In a ruling that is likely to have implications for other imprisoned Catalan separatists, the ECJ found that: 

• While Spanish law governs electoral procedures, EU law takes over once a person is elected to the EP.
• A person "enjoys immunity" as soon as results are declared.
• That immunity "entails lifting any measure of provisional detention imposed prior" to the election.
• Spanish courts should have filed a special request with the European Parliament to waive his immunity if they had wanted the Catalan leader to remain in jail after he was elected.

Following the ruling, Junqueras tweeted: "Justice has come from Europe. Our rights and those of 2 million citizens who have voted for us have been violated. Annulment of the sentence and freedom for all."

Will Junqueras now be released?

Following the ruling, exiled former Catalan independence leader Carles Puigdemont called for Junqueras' immediate release. 

Belgium's EU lawmaker Geert Bourgeois also tweeted that "our Catalan friends should now be allowed to take up their seats in the EU parliament."

But it's unclear whether that will happen. Spain's Supreme Court said it would study the full ruling and gave prosecutors and defense lawyers five days to present their arguments, after which a decision will be made.

Why is Junqueras in jail?

Junqueras was imprisoned along with eight other separatists in October after he was found guilty of organizing an unauthorized independence referendum in 2017. He received a 13 year term — the longest sentence of the separatists. But in May, he successfully stood for a European Parliament seat.

Spanish judges let him run while he was in pre-trial detention but refused to release him after the election. Spain's electoral commission later declared Junqueras' seat vacant and suspended his parliamentary prerogatives.

The ramifications

The case is likely to set a precedent for Puigdemont, who was also incriminated in the 2017 election and elected to the EP in May. He has been living in exile in Belgium, but the Spanish government is seeking his extradition. 

kmm/rt (AFP/AP)

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