"The Law equates victims with executioners, is an insult and an infamy to the work of the ESF in the fight against terrorism and an offense towards all victims"
The Popular Party in the Senate has filed an appeal of unconstitutionality to Law 5/2019 of April 4 because "it violates the principle of Rule of Law and submission of public powers to the Constitution; the right to effective judicial protection and the presumption of innocence; the principle of legal security and invades State powers ".
The Government of the PP filed in 2017 unconstitutional appeal to the Law of the Basque Country 12/2016 of July 28, recognition and reparation of victims of human rights violations in the context of politically motivated violence in the Basque Country between 1978 and 1999.
The TC admitted this proceeding to the proceeding and left, therefore, in precautionary suspense, the Valuation Committee to which the law attributed the assessment of the status of victims and the aid.
After the motion of censure of 2018, the Government of Pedro Sánchez withdrew the appeal of unconstitutionality, losing the possibility of having a ruling declaring the unconstitutionality of the Law. However, in 2019 Law 5/2019 was approved modifying the previous one of 2016, which has allowed the Popular Group to present this new resource.
OFFEND THE VICTIMS OF TERRORISM
"Of the almost 900 victims killed by ETA, hundreds were Police or Civil Guards. This Law equates victims with executioners and is an insult and an infamy to the work of the Police and the Civil Guard in the fight against terrorism, as well as an offense against all victims. The State Security Forces leave their lives to protect us; they have the admiration and gratitude of the whole society, and they deserve the recognition and respect of all the political forces, "says Popular spokesman, Ignacio Cosidó.
In the text of the recuse, the GPP considers that, both the Law 5/2019, and the one that modifies 12/2016, "invade powers reserved by the Constitution to the Judicial Power" and that "Law 5/2019 tries to adapt, only formally, to the judgment of TC 85/2018 without respecting it in its material content ".
"Law 5/2019 preserves the creation of the Valuation Commission, with the same characteristics and functions and with two competences: recognizing economic rights to people who denounce police ill-treatment and, secondly, much more disguised, which is to discredit the State Security Forces by a procedure based on political voluntarism, without the set of legal guarantees, "said Popular Group spokesman Ignacio Cosidó.
"The only constitutional way to determine the violation of human rights, in a context of politically motivated violence, is through a judicial resolution that recognizes the unlawful acts and that does not violate the constitutional guarantees of the right to effective protection and the right to honor, "adds Popular spokesman.
VULNERA THE STATE OF LAW
The appeal filed by the Senate GPP considers that, Law 5/2019 violates, on the one hand, the constitutional reservation of the jurisdictional function that corresponds to the Judiciary, as well as the principle of the Rule of Law and the submission of public powers. to the Constitution and the rest of the legal system.
In this sense, the People consider that the Law accuses the Rule of Law that there are victims who have not been recognized or repaired, which justifies, according to said law, that a Commission directed by the Basque Government, becomes a Special commission of the truth, that recognizes and repairs the violations of human rights that would have occurred in a context of political motivation.
According to the presented resource, this approach of the Law "assumes the open affirmation that Spain is not a State of Law -art.1 of the Constitution-, and that the public authorities in Spain are not subject to the Constitution and the rest of the legal order -art.9 CE-.
For the People, the Law also violates the right to effective judicial protection and the presumption of innocence -art.24 CE-, as well as the Right to Honor, the right to privacy and the right to protection of personal data -art.18 CE-.
INVADE STATE COMPETENCES
The Law transfers the obligation established in art.118 of the Constitution to provide to Judges and Tribunals "the collaboration required by them in the course of the process and in the execution of the decision of a Public Administration of the Basque Government."
Finally, the appeal presented considers that Law 5/2019 of April 4 violates the principle of legal security and the constitutional distribution of powers between the State and the Autonomous Community of the Basque Country.
In this sense, the People consider that the Law invades, in particular, the exclusive competence of the State in matters of Administration of Justice -art.149.1.5º of the EC-, the exclusive competence of the State on the bases of the legal regime of the Public Administrations -149.1.118º CE- and the exclusive competence of the State of public security -art, 149.1.29º CE-.