The European Court of Human Rights (ECHR) has issued a decision marking a significant milestone for the Spanish judicial system. The judges in Strasbourg found no violations by the Spanish authorities when they restricted the political participation of three prominent Catalan politicians — Jordi Sánchez, Jordi Turull, and Oriol Junqueras — during their pre-trial detention in connection with the procés case.
This case drew attention not only in Spain but across Europe. The main question was whether Spanish courts had the right to limit these politicians’ participation in elections while they were in pre-trial custody on charges of serious crimes. The Strasbourg court ruled that such measures were justified and did not breach European standards.
The judges noted that the accused faced serious charges and that the state was within its rights to take actions preventing the implementation of political projects that could threaten public order and the country’s democratic foundations. Specifically, this referred to events related to the attempted Catalan independence referendum and the subsequent actions of regional leaders.
Jordi Turull was arrested in March 2018, just a day before the parliamentary vote on his candidacy for president of the Generalitat. As a result, he was unable to attend the second round of voting, and a few months later, the post was taken by Quim Torra. The situation with Junqueras and Sànchez developed in a similar way: both were prevented from running their election campaigns in December 2017, sparking heated debates in society and among human rights advocates.
However, the ECHR stressed that the state has the right to restrict election participation for individuals under investigation for serious crimes, if necessary to protect democratic institutions. The court found neither arbitrariness nor violations of the law in the decisions of the Spanish courts, and did not find grounds to conclude that the politicians’ rights were infringed without sufficient reason.
This decision sent a message to all European countries: defending democracy and public order may require tough measures when attempts are made to undermine the foundations of the state. For Spain, this verdict served as confirmation of the legitimacy of its actions during one of the most acute political crises in recent years.
