European Court of Human Rights rules against Spain over protester sentences

The European Court of Human Rights (ECHR) has ruled against Spain, finding that three-year prison sentences imposed on four protesters during the 2011 siege of the Catalan Parliament were disproportionate. The court determined that these sentences violated fundamental rights, specifically the freedom of expression and assembly, noting that the penalties exceeded what was necessary to maintain public order.

In a separate legal development, the High Court of Justice of Catalonia (TSJC) has applied a partial pardon to former Catalan Parliament President Laura Borràs. Her original prison sentence of four years and six months has been commuted to two years, subject to conditions including a five-year period without committing a willful crime. The pardon was granted by the Spanish government following findings that the original sentence was excessive.

Additionally, the TSJC has declined to lift preliminary rulings regarding the application of the amnesty law to Josep Maria Jové and Lluís Salvadó. Despite recent clarifications from the Court of Justice of the European Union (CJEU), the TSJC maintains that certain legal questions must still be resolved before the amnesty can be applied to these individuals.