For now, there are five secessionist leaders to whom Catalan prisons have already relaxed their sentences through an “exceptional” route that allows them daily departures. But the Generalitat assumes that shortly the nine “procés” leaders who are in prison will benefit from article 100.2 of the Penitentiary Regulations. A prebend that barely enjoys ten percent of the prison population to which it would be applicable in all Catalan prisons, but which will likely end up obtaining all those convicted of 1-O.
When, after being convicted, an inmate enters prison, the prison must decide to what degree it classifies it: first (closed regime), second (ordinary) or third (semi-freedom). Most often, treatment boards opt for second grade. Such is the case of the nine secessionist prisoners convicted by the Supreme Court. Catalan prisons, however, have taken advantage of an article of the Penitentiary Regulation -the 100.2- which allows this classification system to be “flexible” to “combine” different aspects of these grades. Secessionist leaders – for now, five of them – benefit from this “flexibility” in the sense of enjoying, despite being in second grade, daily departures to work and volunteer.
That article 100.2 is “an exceptional measure” and requires a “restrictive interpretation” is recalled by the Prosecutor’s Office in a resource that was presented yesterday to oppose that Jordi Cuixart (Òmnium) can enjoy it, which this week has been the first to benefit from these Departures. But it is not only the Public Ministry, as the figures confirm that the use of this article is unusual. And it is that only 405 prisoners of all of the inmates of Catalan prisons apply this article, according to data from the Ministry of Justice of the Generalitat as of February 13. All this when there are about 6,000 inmates who, already classified, serve sentences in prisons that depend on this community and could opt for it. It does not, therefore, reach ten percent of the prison population. It is clear, as explained to ABC lawyers of long career and tanning in these lides, that “it is not so easy to obtain.”
In addition to Cuixart, the Lledoners prison (Barcelona) has already agreed to apply 100.2 to the leader of the Catalan National Assembly (ANC), Jordi Cuixart, and the former Interior Minister, Joaquim Forn. The prison of Mas d’Enric (Tarragona) has been granted to Carme Forcadell, former president of the Parliament, and the prison of Puig de les Basses (Gerona) to former Labor Minister Dolors Bassa.
The Prosecutor’s Office on Cuixart
These decisions of the prisons treatment boards are immediately applicable – in fact, Cuixart has already started this week from Monday to Friday – but now the respective prison supervisory courts must endorse the easing of these regimes, after consultation. to the prosecution.
At the moment, the Public Ministry – which has already unsuccessfully resorted to an ordinary 72-hour permit granted to Cuixart – has asked the prison surveillance judge to revoke the daily departures of the Òmnium leader, which the Supreme Court imposed Nine year in prison for sedition. The Prosecutor argues that Cuixart “does not assume the criminal nature of the facts that were the subject of conviction.” It concludes that only when the responsibility for the crime committed is admitted is the danger of relapse “steadily moving away.”
The treatment board allows Cuixart to leave nine and a half hours a day from Monday to Friday to work and volunteer. In the morning he goes to his own company, Aranow – dedicated to the design of packaging machinery – and some afternoons to a center for people at risk of social exclusion.
The prosecutor recalls that prison exits must be subject to specific treatment for the inmate that would be impossible to perform in the prison itself. In this regard, he criticizes Lledoners technicians who have not explained how Cuixart’s work and volunteering will “positively influence” their treatment. He says that going to his own company cannot be part of his treatment because the Òmnium leader did not commit an economic crime and “the work area is not a deficit that has to work.” Nor does he understand the volunteering granted to him, since he has no problems of “social empathy.” In short, as defined by law sources consulted by this newspaper, 100.2 should be a “tailored suit” that suits the “etiology of the crime” committed. A requirement that, according to the prosecutor, in the case of Cuixart is not met.
The other four cases
The Public Prosecutor’s Office has not yet ruled on the other four prisoners of the «procés» who have already obtained 100.2, but sources from the Prosecutor’s Office say they will probably do so in the next few days. Almost all were granted outings to volunteer, and, in the case of Forcadell and Bassa, also to care for older relatives. The latter is exceptional, according to the sources consulted. In fact, in a resolution outside the “procés” prisoners consulted by this newspaper, the Hearing concludes that “assistance to the family’s own obligations” are common to “the generality of the inmates” and “are not related to treatment activity ».
It is the penitentiary surveillance judges who must now endorse the flexibility of the prisoners’ regime. If the treatment boards are right, the Prosecutor’s Office would have the letter to appeal to the provincial hearings. In any case, the 100.2 procedure would always dodge the Supreme. Contrary to what would happen with a hypothetical third grade, where resources would end up on the sentencing court table. That is, of Judge Marchena. .