The legal bomb that blew up in the Belgian court on Aug 7 2020 is of such magnitude that probably not everyone is aware of its shockwave. To understand the extent to which the Supreme Court has been knocked out by Minister @LluisPuigGordi, we need to ask ourselves the following:
1.Will the @Europarl_EN grant the immunity lifting claimed by judge Llarena to reactivate the European Arrest Warrant of President @KRLS, Minister @ToniComin & @ClaraPonsati, now that the Belgian judge has ruled that Llarena is not competent to issue the EAW?
2.Will @Europarl_EN accept the immunity lifting procedure knowing that if this happens, we will be referred to the same judge who has rejected the European Arrest Warrant of Minister @LluisPuigGordi?
3.If the @Europarl_EN accepts the immunity lifting procedure, what will be the decision of the European Court of Justice when this matter reaches that court?
4.If the Belgian Court of Appeal upholds the decision of its first instance judge, will Llarena recognise his lack of competence? If he does not, the Spanish justice system has no option of re-issuing a European arrest warrant against us through the Belgian justice system.
5.If Llarena accepts his lack of competence, the case of the Minister @LluisPuigGordi -and subsequently the case of President @KRLS, Ministers @toni_comin, @ClaraPonsatí and @MeritxellSerret, @martarovira- will go to an Ordinary Court. Will the new judge reopen the investigation?
6.If the case goes to an Ordinary Court ("the natural judge", according to the Belgian judge), could the new judge in charge of the case consider inappropriate issuing a new (it would be the 4th!) EAW against members of the government in exile currently living in Belgium?
7.The Belgian judge adopted the argument endorsed by the UN OHCHR, according to whom, neither the National High Court (Audiencia Nacional) nor the Supreme Court have ever been competent to judge this case. Consequently, is the SC sentence against political prisoners legal?
8.When this case reaches the European Court of Human Rights in Strasbourg, could this new sentence of the Belgian justice -if it is confirmed by the Court of Appeal- reinforce the arguments for the revocation of the sentence of the SC and the release of the political prisoners?
The SC has taken 3 rounds of proceedings under Belgian law (unprecedented in the history of the EAW) and has lost them all. Confronting the Spanish injustice with the EU justice has been confirmed as one of the keys to overcome the repression and culminate our efforts.
