Iñaki Urdangarin, currently serving five years and ten months because of the "caso Nóos", is to seek the protection of the Constitutional Court through a writ of amparo. In the appeal to the court his lawyers are also wanting his sentence to be suspended and for him to be released while the appeal is being considered. The court was advised on 5 November.
The husband of Princess Cristina's legal team suggests that "irreparable harm" will be caused if there is not a suspension of the sentence and is specifically calling for the sentence for one of the crimes for which he was convicted to be quashed - misappropriation of public funds. The lawyers argue that a review of the sentencing, which was made by the Palma Provincial Court and ratified by the Supreme Court, would result in a considerable reduction of the total sentence.
The approach to the Constitutional Court is based on a claim of the violation of the principle of presumption of innocence, the violation of personal liberty and the violation of the right to effective judicial protection. All three of these are specifically referred to in articles in the Constitution.
In the past few days, it has been reported that Urdangarin has said that he will go mad because of a lack of human contact. He is in effect in solitary confinement. It is also understood that Princess Cristina has initiated divorce proceedings.