Extradition of Carles Puigdemont for embezzlement – Europe – International

The Hearing of Germany has accepted the extradition to Spain of the former President of Catalonia, Carles Puigdemont, for misdemeanor, but not rebellion, the most serious that the Spanish justice imputes to him.

Puigdemont remains free now in Germany, given that the Federal State Court of Schleswig Holstein, in charge of the case, has not ordered preventive detention or any other precautionary measure . The German public prosecutor must ratify the decision of the hearing and the judgment is not final.

Independence leaders celebrated the decision, which Quim Torra, current Catalan president, considers as "good news". "Today is the day when the fictional story that the state has tried to build falls," he told the media.

"They defeated the main lie held by the state," Puigdemont writes on his Twitter account. "The German justice denies that the October 1st referendum was a rebellion."

Refers to the holding of the consultation in Catalonia to vote on its independence, which took place on that date of the year last and which was illegal because it was not in accordance with the Spanish Constitution.

Judge Pablo Larena of the Spanish Supreme Court had requested the extradition of Puigdemont for the crime of rebellion, similar to that of high treason in German law. However, the German court considers that they are not equivalent. "The magnitude of the violence needed for high treason was not reached during the altercations," says the statement issued by the court and notes that Puigdemont "has not been l '". inciting violence. "

On the other hand, he accepts the arguments of the Spanish judge regarding the use of public funds for the popular consultation. "With regard to embezzlement, the Spanish authorities have naturally seen a co-responsibility in the use of financial resources by public funds," said the court. And clarifies that the final verdict corresponds to the Spanish justice.

The difference is crucial, since embezzlement is punishable by twelve years in prison, while the rebellion covers up to thirty years in prison. Spain can not judge him for a crime that has not been previously accepted in Germany.

The possibility of having committed a rebellion keeps in remand detention in Spain of other separatist leaders, like Oriol Junqueras, former Catalan president.

The German Audience does not admit the crime of disorderly public order, which had been stipulated by the Spanish justice in case the rebellion would not be accepted

A process, a path

After declaring the independence of Catalonia On the basis of the results of the illegal referendum, Puigdemont fled to Spain and fled to Belgium, where he encountered d & # 39; Other pro-independence leaders and from where he has manifested several times about the so-called "proces", the Catalan secessionist impulse.

March 25 was arrested in Germany, on the way back to Belgium, after visiting the Nordic countries. He remained in prison until April 5, the date on which local judges released him on bail, while a decision was made regarding his delivery to Spain.

Since then, he has lived in Berlin and the Schleswig Holstein region.

Reactions

The government of Pedro Sánchez has not ruled out of respect for judicial decisions. In the same vein, Soraya Sáenz de Santamaría, presidential candidate of the Popular Party, badured that she will not discuss court rulings and emphasized the importance that no government has. accepted the independence of Catalonia.

For Albert Rivera, president of the Ciudadanos party, is a "good news", as Puigdemont will "have to face Spanish justice, which means that there are alleged crimes ".

Juanita Samper Ospina
Correspondent of El TIEMPO
MADRID