El juez Pedraz rechaza la competencia sobre los 34 detenidos el 25-S
Los abogados denuncian en el juzgado “dilaciones indebidas” en la puesta a disposición judicial
Toda la información sobre el 25-S Rodea el Congreso
Manuel Altozano / Mónica Ceberio Madrid 27 SEP 2012 - 15:15 CET
Judge rejects Pedraz competition on the 34 detainees on 25-S
The lawyers alleged in court "undue delay" in bringing to justice
All information about the 25-S Surrounds Congress
Manuel Altozano / Monica Ceberio Madrid 27 SEP 2012 - 15:15 CET
The National Court judge Santiago Pedraz has not accepted the jurisdiction of the detainees in the demonstration on 25-S with the slogan Surrounds Congress. The judge considered that the investigation and trial of offenses of assault, injury, resistance, disobedience and public disorder arising from the crowded, do not correspond to that court so orders the agents that target the competent body to consider.
The police inquiries were sent to Pedraz as its extensions in the case that this court has already opened against the promoters of the progress of the 25-S. But the judge did not see in the facts reported by the police any crime against the state institutions, correspond infringement if the High Court judge. Following this decision the judge, the case should now turn to the police courts of Madrid, in the Plaza de Castilla.
moreThe protest of the 25-S in Congress just loads, 64 wounded and 35 arrestedThe organizers of the 25-S study legal action against police violenceThe second protest of the 25-S is held without major incidents
The Interior Ministry claimed this morning that five to seven of the 35 detainees (34 adults and one child) would be taken to the High Court. Would be, according to the ministry, of those who tried to jump the fence with which the police had surrounded the House. Interior claimed that they had tried to storm the Congress.
Both the National Court Judge Santiago Pedraz as the two judges of the Madrid-guard of the courts of Instruction 8 and 12 - had expressed discomfort over the morning, according to judicial sources of both agencies because until after noon, the police had told them to do if they would charge those arrested.
Report of the lawyers of the detainees
Lawyers for the detainees, meanwhile, have just launched a complaint at the police court Castilla square where police accuse of "undue delay" in bringing to justice of its detainees. The lawyers claim that, although the police said yesterday that they would be transferred this morning to the court, at midnight were still in the station of Madrid's Moratalaz, without which no court had expressed its final destination. A two-thirty in the afternoon, and after the High Court rejected the jurisdiction in the case, had not been informed of what was going to happen with those arrested.
Lawyers considered a violation of Article 17.2 of the Constitution, which provides that preventive detention can not last "longer than strictly necessary for carrying out investigations aimed at establishing the facts". Remember that the European Convention for the Protection of Human Rights and the Covenant on Civil and Political Rights of United Nations requires that the detainee be brought promptly and without delay to the judicial authority.
"The politicization of the cause pursued by the criminalization of protest," they argue in their brief, "generates consequences for detainees, who at this time do not receive due process to which every citizen is entitled."
The penalties are very different if the crime is against public policy if it is a high offense against state agencies. In the latter case, are much more severe. Article 493 of the Penal Code punishable by three to five years in prison to "those who, without raising publicly invadieren with force, violence or intimidation headquarters of the Congress of Deputies, the Senate or a Legislative Assembly of Community Autonomous, if they are gathered. " The 494 provides for sentences ranging from six months to one year or a fine to "promote, conduct or preside demonstrations or other meeting at the headquarters of the Congress of Deputies, the Senate or the Legislative Assembly of the Autonomous Community, when meeting, disrupting normal functioning. "
The attack-rush to the authority, its agents or servants, or use force against them, seriously intimidate or resist them actively and seriously-is punishable by two to four years in prison. And public disorder - disturb public order group causing personal injury, property damage occurring, blocking public roads or access-carry a punishment of six months to three years in prison.
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