Spain’s constitutional court has upheld a controversial Catalan amnesty law, providing a boost to the left-wing government while drawing an angry response from the opposition.
The law, introduced last year, seeks to withdraw legal action against hundreds of Catalan politicians and activists for independence-related activity, in particular involvement in an outlawed referendum.
The government of Socialist Pedro Sánchez argued that the law would help restore calm to the Catalonia region following years of separatism-fuelled tensions. However, the opposition said it was unlawful and merely a transaction by Sánchez to secure Catalan nationalist support in parliament. The court’s ruling was on an appeal lodged against the amnesty by the conservative People’s Party (PP).
“It is very good news for Spain, because we are closing a political crisis that should never have left the political arena,” said Mr Sánchez.
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Pro-independence parties also welcomed the ruling.
“May this calvary and pilgrimage through the courts that so many activists and political and social leaders have suffered, and should never have suffered, come to an end,” said Joan Ignasi Elena, of the Catalan Republican Left (ERC).
A recent study by the civic organisation Omnium Cultural found that 178 Catalans have been amnestied since the law’s implementation a year ago, with another 49 cases dismissed and nine defendants absolved. It also found that 158 amnesty requests had been rejected, delayed or not answered.
Many of those facing legal action were ordinary Catalans who had helped with the organisation of a 2017 referendum, such as head teachers who allowed their schools to be used for voting.
Nine political leaders were jailed for their role in the ballot, before the government pardoned them in 2021.
Those amnestied so far have also included police officers accused of brutality during the same ballot.
With left-leaning magistrates controlling the court, the decision was not a surprise, although with four of the 10 judges voting against, it was a close ruling.
The leader of the PP, Alberto Núñez Feijóo, described the law as “illegal” and “a disgrace for any democrat, whatever a divided constitutional court says”.
The decision comes as the Sánchez government struggles to remain afloat amid a series of corruption scandals. Earlier this month, the prime minister apologised after his party’s number three, Santos Cerdán, was implicated in a kickback investigation.
Although the court upheld almost the entirety of the law, it did not tackle questions relating to the possible amnesty of Carles Puigdemont, the former president of Catalonia, who faces a charge of misuse of public funds and remains in self-exile in Belgium.
On Wednesday, the supreme court, which is seen to be sympathetic to the political right, reiterated a decision to deem Puigdemont ineligible for the amnesty on a technicality. His legal team has said he will appeal against that ruling before the constitutional court.
