Spain’s top court upholds amnesty law for Catalan separatists

Spain’s Constitutional Court on Thursday upheld core elements of a disputed amnesty law enacted by the Socialist government after Catalonia’s failed 2017 secession bid, under which more than 300 people have been pardoned.

“This is magnificent news for Spain,” Prime Minister Pedro Sanchez told reporters in Brussels. He reiterated his view that the amnesty served “to guarantee Spain’s unity as well as our development and prosperity and coexistence between citizens and regions”.

The amnesty was agreed in 2023 between Sanchez’s Socialist Party and two Catalan separatist parties in exchange for their support of his minority coalition in a parliamentary vote that allowed him to stay on as prime minister.

The Constitutional Court’s ruling offers some relief for Sanchez while allegations of corruption involving senior officials ensnarl his Socialist Party.

“Amnesty is not banned by the Constitution, and its adoption, when it responds to an exceptional situation and a legitimate public interest, may be constitutionally admissible,” ruled the court, where a majority of judges had been nominated by the Socialists.

The conservative opposition has argued the legislation is unconstitutional and was passed solely as a Socialist manoeuvre to stay in power.

The top court ruling, which stems from an appeal lodged by the conservative People’s Party, does not directly benefit former Catalan separatist leader Carles Puigdemont, who lives in self-imposed exile in Belgium.

The judge handling Puigdemont’s case has said the amnesty does not apply to him as he is also being sued for embezzlement, an accusation he denies.

Puigdemont has appealed the judge’s decision, but the Constitutional Court will not rule on the matter until later this year or next, according to a court spokesperson.

Puigdemont was Catalonia’s head of government in 2017 when the region unilaterally declared independence from Spain, prompting Madrid to impose direct control.