It does not release the court’s Jordi Sánchez Catalan presidential candidate, said Judge Pablo Llarena’s decision on Friday at the Madrid Supreme Court.
As a result of the decision, the Catalan parliament will not be able to elect the candidate on Monday as its personal presence is indispensable.
The judge was primarily motivated by the risk of reoffending the further detention of the Catalan politician.
Jordi Sánchez has asked for his release on Tuesday, on the presumption of innocence and on his own and his electoral political rights.
Judge Llarena said that he had been in detention as early as 21 December but did not promise his electorate to represent him in court.
The rights of his / her own representatives and the participation in parliamentary decision-making may be exercised through the transfer of his / her votes, which the court has previously authorized for him.
Jordi Sánchez was nominated for the presidential post for the Independence of the United Kingdom for Catalonia (Junts pel Catalunya), but did not obtain the support of the parliamentary majority required for his election.
The Catalan politician was arrested on 16 October for a demonstration at the end of September when the leader of the civil society organization of the Catalan National Assembly (ANC) was arrested, where the protesting crowd was practically hourly captured by Spanish gendarmes who searched a Catalan government building. Not only did they not be able to leave the building for a long time, but also damaged their car parked outside.
According to the prosecution, the organizers, including Sánchez, have not even tried to stop this. The presidential candidate is therefore suspected of being sworn.
The Spanish Penal Code calls for rebellion not as a military offense but as an offense against public order.