Spain's amnesty law is now a reality. After a long journey through Congress and the Senate, and having overcome the persistent attacks of the right and the judiciary, the law to put an end to the repression of Catalan independentism has received the definitive green light from the lower house this Thursday and will enter into force as soon as it has been published in Spain's official state gazette. But it doesn't all end there. Now the ball passes into the hands of the judges, those with the duty of applying the law. The Spanish executive is already on the alert, because it is fully aware that there will be judges who will want to get around the legislation. Today's final session of the parliamentary process was a brief one. The amnesty was the only item on the agenda and everything was completed in just over an hour of dialectical dispute. Oriol Junqueras and Jordi Turull - pro-independence leaders still banned from office - followed the debate from the guest seating above the chamber. And as well as this, the session left two other images: for one, the re-encounter of the independentist movement, with Míriam Nogueras and Gabriel Rufián putting aside their differences and mending the relationship between the Catalan Republican Left (ERC) and Together for Catalonia (Junts); and as well, the insults and jeers from the Vox bench, with some deputies who went as far as facing down the pro-independence groups. The law was passed with 177 votes in favour, from the Socialists (PSOE), their coalition partners Sumar, the Catalan parties ERC and Junts, the Basques of Bildu and the PNV, the Galician BNG, and the other left-wing group Podemos; these parties prevailed against the 172 votes from the People's Party (PP), far-right Vox, the Navarran UPN and the Canarian Coaliation.
Míriam Nogueras (Junts): "Today is an historic day, in the fullest sense of the term. Today is not about pardoning, it is about winning. Winning a battle in a conflict which has existed for centuries between the two nations, the Catalan nation and the Spanish nation". "But let's not be confused: we shouldn't have needed this amnesty... and wouldn't have if the Spanish state had made a real democratic transition."
In a final debate that lasted just over an hour and a half, the pro-independence parties reiterated their demands that the amnesty must be the prelude to a self-determination referendum. "After today, the struggle continues and we are ready", said Nogueras in this debate in reference to a consultation of Catalans on their country's political future. ERC's Gabriel Rufián spoke in the same vein when he defined the referendum as "the next stop" that independentism must reach, recalling that until a very short time ago the PSOE assured that an amnesty was not constitutional.
"Today there is no pardoning, today a battle in the conflict is won", stated Nogueras from the lectern of Congress, in addition to pointing out that from this Thursday the Spanish judiciary will have the opportunity to locate themselves "in the lane of European standards". Rufián also noted that "everyone knows" that the Spanish judiciary will now try to circumvent the law. One of the most outstanding aspects of this Thursday's debate is that 18 days after the Catalan elections, the two pro-independence parties in the house had words of thanks for each other. Nogueras applauded the work done by Oriol Junqueras and Carme Forcadell during the most intense stage of the procés, while Rufián did the same with Carles Puigdemont and Jordi Turull.
Gabriel Rufian (ERC): "Today is principally a day of giving thanks beyond party lines. Many thanks to Joán Tardà for saying it first. Many thanks to Carles Puigdemont for leading that government that was so brave. Many thanks to Oriol Junqueras... Carme Forcadell... Raul Romeva... Jordi Sànchez and Jordi Cuixart... Marta Rovira and Jordi Turull... Quim Form, Chief Trapero..."
Feijóo denounces the "humiliation" of the amnesty while the PSOE tiptoes across it
The PSOE has tiptoed across this historic day. The deputy chosen by the Socialist group to defend the amnesty law was the absolute unknown Artemi Rallo, parliamentarian voted in by the constitutency of Castelló. In addition, only 11 of the 23 ministers of the Spanish government made an appearance during this Thursday's debate in the central Madrid chamber. Pedro Sánchez only went there to cast his vote. First deputy PM María Jesús Montero and ministers Fernando Grande-Marlaska and Óscar Puente were present from the start. Yolanda Díaz, second deputy PM and leader of Sumar, was also in her seat from the beginning.
On the other hand, the PP put all its irons on the fire. It was Alberto Núñez Feijóo who was in charge of blaspheming the law which will put right the judicial persecution of Catalan independence supporters. The PP leader regretted that the amnesty "humiliates" the judges who "defended democracy" in Catalonia, its passing signals "the death certificate of the PSOE" and "rewrites the history" of what happened in Catalonia in 2017. He believes that, with the amnesty, "the legislature begins and can end here", since "there has been nothing else before and there certainly won't be anything after". During his speech, he made a prediction about what, in his opinion, may happen in the coming months: "If the law comes to be applied, it will be of very little use to the independentists. If in the end it is not applied, we all know that pro-independence supporters will not forgive the fact".
One of the first voices to speak out this Thursday on the final passing of the law was that of the PSOE spokesperson in Congress, Patxi López, who affirmed that the Socialists continue to "maintain confidence in the judges", but emphasized that "the intention of the legislator is absolutely clear" - that is, to "remove from the courts everything that has to do with the independence process so that it is politics that solves political problems". With the approval of the law, López maintains that "a new era opens" and "the circle closes" after a series of decisions adopted by the Spanish government to "open a new era of harmony".
The wait until it is published in the gazette
Now that the amnesty has received the final green light, all that is needed is for king Felipe VI to sign it and for it to be published in the official gazette (BOE), whereupon it will come into force that 'same day'. However, in these cases it is not stipulated how many days must pass between Congress's approval and the text appearing in black and white in the gazette. In the last legislature, for example, the 'only yes means yes' law and the reform of the Penal Code on animal abuse issues took thirteen days to be published. Of course: the amnesty will come into effect in the middle of the negotiations to form a government in Catalonia and when there are only a few days left until the investiture debate, at which point Carles Puigdemont has already announced that he will return to Catalonia.
The speaker of the house, Francina Armengol, calling for order as the PSOE's Artemi Rallo speaks in favour of the amnesty: "Although it may be difficult to take it in, Europe, Spain and Catalonia have said yes to the amnesty."
The judges applicatin of the law
Once the amnesty is in force, the new phase will begin in the courts that are hearing criminal, administrative or accounting cases with matters included in the scope of the law. The judges who will have to apply the termination of their responsibility will have two months to execute it and decree the shelving of the proceedings. Just this Wednesday, sources in the Spanish government expressed a certain concern about judges who want to circumvent the application of the amnesty. These doubts come a few days after it transpired that the guide published months ago by a group of lawyers on how courts can get around the new law by presenting preliminary questions to European justice has been disseminated to more than 5,000 judges via the corporate email of the General Council of the Judiciary.
For example, one of the main unknowns is whether judge Pablo Llarena, investigator of the Supreme Court's case against the independence process leaders, will in the end apply the point of the amnesty law that orders the "immediate" lifting of any precautionary measure: the key one is the arrest warrant in the Spanish state that remains in force against Carles Puigdemont, Toni Comín and Lluís Puig for the crime of mususe of public funds for the 1st October referendum. The Catalan president's lawyer, who is also one of the Junts negotiators for the law, Gonzalo Boye, has assured that if the judge complies with the law there is no danger of arrest.
Charges against police officers for beating 1st October voters and activists accused of public disorder seem likely to be the easiest cases for the amnesty to be applied, although there may be appeals. The Alerta Solidària legal aid group has calculated that there are at least 419 people to whom the law will have to be applied. Everyone will be waiting to see what the Supreme Court will do: the decisions of the Spanish high court will be followed by the majority of courts. However, there are judges who are clear about it and will apply the amnesty, as they have communicated to ElNacional.cat.