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Privilegios inadmisibles para los golpistas

Una juez de Vigilancia Penitenciaria avaló ayer la concesión del tercer grado penitenciario -la semilibertad- a siete de los dirigentes catalanes condenados por sedición cuando ni siquiera han transcurrido diez meses desde que se dictase sentencia. Es cierto que de momento la decisión queda en suspenso a la espera de una resolución definitiva del TS, y es cierto también que la independencia de cada juez debe ser respetada. No obstante, es legítimo discrepar, como hace hoy ABC con contundencia. Para privilegiar a los condenados, la juez alega dos motivos incomprensibles. Primero, que la reiteración delictiva no es posible en el actual «contexto político social», y segundo, que nuestra normativa penitenciaria se basa en criterios decimonónicos. Desde luego, si aplicase la misma vara de medir a todos los presos que pasan por sus manos, podría ser coherente. Pero no lo es. La doctrina del TC respecto al cumplimiento de las penas es clara, y en este caso ni siquiera hay arrepentimiento. La juez ha incorporado a sus resoluciones justificaciones de índole más política que jurídica, y eso no es aceptable. De hecho, existen criterios de otros jueces radicalmente opuestos, y son legítimos, solventes y jurídicamente irreprochables. Si aquel «lo volveremos a hacer» no es un desafío al Estado y un compromiso fehaciente de reiteración delictiva, entonces no se sabe qué es. La juez inventa una argumentación cuasi-política basada en una presunción volitiva y psicológica de lo que ella interpreta que quieren decir los condenados -reivindicar la independencia pero no el golpismo-, y no de lo que realmente dicen como reto al Estado. Además, si considera anticuadas las leyes, dispone de un mecanismo para plantear cuestiones de inconstitucionalidad ante el TC. Pero no lo hace. Se limita a dar la razón a los condenados creando así un agravio comparativo con decenas de miles de presos. Respecto al actual «contexto político y social», la juez olvida que Carles Puigdemont sigue huido de la Justicia y que Joaquim Torra está penalmente inhabilitado por desobediencia. Un «contexto» idílico.
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