The Court of Auditors issued an order this Tuesday agreeing to return to the ERC the deposit of 2,136,164.45 euros paid in October 2021 and through which the Generalitat, through the Institut Català de Finances (ICF ) to replace guarantees submitted. Both these guarantees and the previous deposit have the purpose of ensuring the payment resulting from a possible conviction for the expenses incurred for the Court’s outdoor advertising processvia diplomat.

The refund of the amount initially paid by ERC is a consequence of the acceptance of the guarantee presented by the Generalitat to cover these possible responsibilities. On February 28, the Court’s prosecution department agreed to accept the above guarantees. Following this first decision, the legal representative of the former Secretary of State for Foreign Affairs, Raul Romeva, raised the issue of the return of the bonds formed, an issue on which the Court of Auditors called a hearing that took place on the 12th.

The new decision of the Court of Auditors, for which the director Elena Hernáez was rapporteur, allows the thesis that it was “obliged” to apply the criterion of the directors who accepted the guarantees “despite a dissenting opinion on the majority position . The resolution also emphasizes that it is a mechanism to guarantee “prior and provisional responsibilities established at the provisional action stage”.

The supervisory authority also highlights in its resolution that the prosecutor’s office changed its position on the validity of the guarantees in the above-mentioned hearing, in which they defended them as a guarantee mechanism, while Catalan civil society maintained its request for refusal. The prosecutors changed their position last April when they presented their formal request at Diplocat’s expense. At that time, the public prosecutor’s office announced its change of criteria, since it is now a question of guaranteeing the payment of the suspect’s alleged accounting responsibility if this is proven. At the same time, she reduced her original claim of 9.5 million euros for the Procés’ foreign funding to 3.4 million euros.

For its part, the Court of Auditors, in its decision issued today, emphasizes that the guarantees offered by the Institut Català de Finances “meet the requirements” of the law “to be able to access a substitute for precautionary measures”. In the same spirit as the Public Prosecutor, she adds that “the substitute precautionary measure will continue to guarantee the effectiveness of a possible judgment recognizing the claims of the plaintiffs”, that is the Public Prosecutor itself and Catalan civil society.

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Source elpais.com

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