The Provincial Court of Madrid has suspended the voluntary imprisonment of 10 of the 14 convicted for the assault on the Blanquerna cultural center in Madrid in the 2013 Diada, which ended this Thursday, as they have appealed to the Constitutional Court. This has been confirmed by sources from the Superior Court of Justice of Madrid, who specify that Section 30 of the Madrid audience has made this decision on the majority of those convicted, as it is the body that tried them and therefore responsible for the files of execution of sentence.
It did so when the deadline for voluntary admission to prison for these convicts expired last morning. Two other convicts have requested pardons and the Madrid audience is waiting for the Supreme Prosecutor’s Office to rule on their requests. It is about a convict who had been required to enter prison now and another who had not yet entered, according to sources. Another of those convicted of the assault is officially in search and capture, while the last one will foreseeably be in the next few hours because this request is being processed.
On March 23, the Madrid audience began to deliver the requirements for entering prison to those convicted of the assault on the Blanquerna cultural center in 2013, in which they were given 10 days to enter prison voluntarily. The Supreme Court sentenced these 14 defendants to sentences of more than two years in prison in July 2020, after the Constitutional Court ordered them to issue a new sentence for the improper application of an aggravating circumstance.
The Provincial Court of Madrid imposed on those responsible for the incident penalties that ranged from six to eight months in prison for public disorder and a fine for damages with mitigating reparation, although the Supreme Court partially annulled the ruling in 2017 and increased the sentences up to four years in jail.
However, the Constitutional Court urged the Supreme Court to issue a new sentence considering that the previous one, in which it applied the aggravating circumstance of ideological discrimination, violated their rights to a process with all the guarantees and the presumption of innocence. That is why the Supreme Court again sentenced the accused in July 2020, in this case to sentences of 2 years and 7 months to twelve of them; 2 years and 8 months to Jesús Fernando Fernández for leading the action, and one more month to Juan Luis López for having played a leading role in the events.
After this ruling, the High Court returned the case to Section 30 of the Madrid court to carry out the sentences, and since then all those convicted have been required on at least one occasion to voluntarily enter prison, against which they have alleged in different ways: before the Constitutional Court, requesting pardon, others using other legal formulas and some avoiding the action of Justice, the sources of the TSJM recall.
Two of the convicts who have requested protection from the Constitutional Court and who now see their entry into the prison suspended are Manuel Andrino Lobo and Jesús Fernando Fernández Gil, who are part of the candidacy of the Spanish Falange de las JONS for the Madrid elections on May 4. . Andrino tops the list and Fernández is number eight, according to the candidacy published in the Official Gazette of the Community of Madrid.
The assault on the Blanquerna cultural center took place on September 11, 2013, coinciding with the celebration of the Diada, when the defendants, in order to “prevent its celebration”, agreed “in droves”, breaking the automatic glass door under the slogan “we are not deceived Catalonia is Spain”, according to the proven facts of the sentence. The act, against which affiliates and supporters of political formations such as “National Democracy, Falange, Nudo Patriota Español and Alianza Nacional” called a protest, was attended by the then delegate of the Generalitat in Madrid, Josep María Bosch, without it being proven that the assailants knew his identity.
It also includes the sentence that some defendant insulted and threatened to kill some of those attending the event, where there was also some aggression and one of the assailants, who has not been able to identify, threw an irritating substance to the public.