Court Requests Partial Pardon For Laura Borràs

The Tribunal Superior de Justicia de Cataluña (TSJC) has taken a significant step regarding Laura Borràs, the former president of the Catalan Parliament, by formally requesting a partial pardon from the Spanish government. This request comes as Borràs faces a four and a half year prison sentence for her involvement in awarding contracts to a friend while she was in charge of the Institució de les Lletres Catalanes (ILC).

On March 28, 2025, the TSJC also announced the suspension of Borràs's immediate entry into prison while the government processes this pardon request. The judges indicated that they are advocating for a reduction of her sentence, specifically proposing that the prison time above two years be pardoned, which would allow her to avoid incarceration altogether.

Borràs was convicted of prevarication and falsification of documents, with the court deeming her sentence excessive given the nature of her actions. In their ruling, the judges noted that Borràs and her co-defendants did not act with personal profit in mind when they divided public contracts to benefit a known associate. This reasoning has led to the TSJC's belief that the punishment should not necessitate imprisonment, especially considering the impact of the sentence on her political future.

The TSJC's ruling is particularly notable as it arrives nearly two years after the initial sentencing, which highlighted the disproportionate nature of the four and a half year prison term. The court's decision reflects a growing sentiment that the penalties imposed on Borràs and her associates could be reconsidered, especially in light of the lack of personal gain from their actions.

As a result of the court's decision, Borràs will not be able to engage in any public office or activity due to a 13-year disqualification that accompanies her sentence. This has raised questions about her future role within her political party, Junts per Catalunya. Carles Puigdemont, the party leader, had previously endorsed her to lead a new foundation for the party, but her legal troubles complicate this prospect.

Gonzalo Boye, Borràs's lawyer, has expressed optimism regarding the partial pardon, viewing it as a crucial avenue to prevent her from serving prison time. While the final decision rests with the government, insiders suggest it would be unusual for the executive to ignore a request stemming from the court that issued the original conviction.

In the meantime, the Prosecutor's Office has also backed the suspension of Borràs's prison sentence, indicating that they do not oppose the request for a pardon. The public prosecutor's support is significant, as it suggests a consensus on the need for leniency in this case.

Should the government grant the pardon, it would annul Borràs's prison sentence but not the accompanying fines or disqualifications. Specifically, she faces a fine of 36,000 euros, which is still enforceable regardless of the pardon outcome.

The TSJC's ruling also includes similar considerations for two other defendants in the ILC case, who are facing their own prison sentences. Both of these individuals, Isaías Herrero and Andreu Pujol, have had their sentences suspended under conditions that require them to avoid new criminal activity and perform community service.

As the situation unfolds, the political implications of the TSJC's request for a pardon could be far-reaching. The Spanish government, led by Pedro Sánchez, will need to navigate the potential backlash from other political parties, especially the opposition, which may view the pardon as an endorsement of corruption among its parliamentary allies.

Interestingly, the political landscape surrounding this case is complex. While Borràs has been a prominent figure in Catalonia's independence movement, her legal challenges have raised questions about the integrity of political figures involved in governance. The timing of the pardon request is also significant, as it coincides with ongoing debates about corruption and accountability within the Spanish political system.

In addition to the legal ramifications, there is a broader societal context at play. Many Catalans view Borràs as a victim of what they call “lawfare,” a term used to describe the use of legal systems to achieve political ends. This narrative has resonated with her supporters, who argue that her prosecution is politically motivated due to her pro-independence stance.

The forthcoming decision by the Spanish government regarding the pardon will not only impact Borràs's future but also influence the dynamics within Junts and the broader Catalan political landscape. As the political climate continues to evolve, observers will be watching closely to see how this situation develops and what it might mean for the future of governance in Catalonia.

As the April 4 hearing approaches, where the court will formally require the three convicted individuals to pay their fines and refrain from any disqualified activities, the pressure mounts on the government to respond to the TSJC's request. The outcome of this case could set a precedent for how similar cases are handled in the future, highlighting the delicate balance between justice and political considerations in contemporary Spain.