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As a "big news" celebrated the regional president of Catalonia Quim Torra on his Twitter account, the news of Germany: His predecessor Carles Puigdemont will be delivered in Spain after the decision of the Higher Regional Court Schleswig-Holstein and not because of the rebellion. Although there is up to five years in prison, it is a significantly lower sentence than the 25 years requested by the prosecutor.
Puigdemont's lawyers had always rejected the charge of politically motivated rebellion by their warrant. It presupposes the use of force, which did not exist before the referendum of last autumn, and the very day of the vote, mainly by the Spanish police. "We have destroyed the main lie of the state," tweeted Puigdemont. His lawyer, Gonzalo Boye, said: "This proves that it was right to bring the legal dispute to Europe".
For extradition because of the rebellion, there must be a comparable German fact. The court used for the breach of the peace, for which, as in the rebellion, the use of force is necessary. The Spanish investigating judge Pablo Llarena had subsequently sent videos of protests and hundreds of pages of police reports about alleged riots.
Puigdemont's defense lawyer wants to appeal to the German Constitutional Court
The German judges found that the material was not convincing. Puigdemont was neither a "spiritual leader" of the acts of violence nor had the necessary control over what had happened. The fallen Catalan regional president can therefore in Spain
only because of the infidelity of the process. As a so-called "catalog act", no extradition with German criminal law is necessary for extradition for bribery.
For Gonzalo Boye, who coordinates the defense of the fallen regional president, the conclusion is a step win. The most important fight was won. Now he wants to appeal to the German Constitutional Court against extradition for unfaithfulness, he said on Catalan television. Criminal law experts like Jordi Nieva-Fenoll do not believe that going to Karlsruhe will succeed, after all, that Germany has violated any of its fundamental rights. But even if the police in the coming weeks to Carles Puigdemont sounds and asks him to move to the next plane, which should only slightly disturb the mood of the lawyers.
Because the decision of Schleswig-Holstein is already a difficult case for Spanish judges. It is expected that five former politicians from the Puigdemont cabinet and leaders of independence platforms Unabhängmmnium and Assemblea Nacional will be the subject of trials for rebellion this fall. They are all in detention. Can they be prosecuted for a more serious offense than their leader? "For other jailed politicians, the decision does not have a direct impact," says criminal law expert Jordi Nieva-Fenoll, "but it seems unreasonable to prosecute them for rebellion after the German judges said that it was not high treason. "
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