The Supreme Court yesterday rejected in deliberation the recusal that the Catalan Foundation of L’Esplai (Fundesplai) presented against the magistrate Inés Huerta, according to legal sources to EL MUNDO. This judge is a member of the Fifth Section of the Contentious-Administrative Chamber, which must rule on appeals against pardons granted to process leaders.

Huerta is the conservative magistrate who became part of the Fifth Section with the departure of the progressive judge and rapporteur Ángeles Huet to the Admission Section of the Third Chamber.

From Fundesplai they asked to remove Huerta from the Chamber that must resolve the reversal appeals against the Supreme Court’s refusal to study whether the grace measures were adjusted to Law, alleging that she was vice president of the Central Electoral Board in the period between the years 2019 and June 2020, when this body excluded from the lists for the elections to the Congress of Deputies and Senate three years ago the already convicted Jordi Turull, Josep Rull and Joaquim Forn, among others.

The Fifth Section, now chaired by Judge Octavio Herrero after the retirement of Judge Segundo Menéndez, has dismissed the challenge, considering that it was absolutely unfounded, since there is no objective data that would allow it to be asserted that Inés Huerta has adopted any prior position on the merits of the matter or, in other words, that it is contaminated to resolve appeals against pardons. The Supreme Prosecutor’s Office had been in favor of her dismissal.

In this way, it will finally be the magistrates Octavio Herrero, Ángel Arozamena, Inés Huerta, Wenceslao Olea and Fernando Román who will have to resolve the appeals of the plaintiffs against the orders of the TS where the Third Chamber refused to review the clemency measures granted by the Government of Pedro Sánchez alleging lack of legitimacy of the appellants. It is a Chamber with a majority of judges of conservative sensitivity where two of the five magistrates -Olea and Román- were already in favor of admitting the appeals of PP, Cs and Vox, among others, against pardons since “the crimes committed affected each and every one of the Spaniards”.

The sources consulted explain that it is highly likely that in the next few years the High Court will reconsider its position and agree to finally rule on the lawsuits against the controversial clemency measures.

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