Extradition Puigdemonts: a problem of German judgment for Spanish justice

Catalan separatist leader Puigdemont can be tried in Spain – but only for embezzlement, not rebellion. This is a dilemma for Spain

By Marc Dugge, Madrid ARD Studio

Spanish Prime Minister Pedro Sánchez made headlines in Brussels. At the NATO summit, he faces a rebellious US president. Commenting on Carles Puigdemont, the rebel number one in Spain, he commented very coldly: "Judicial decisions should not be judged but respected, what this government does: respect decisions – whether in Spain, Belgium, France, Germany or elsewhere

It is important for the Spanish judicial system, according to Sánchez, that the defendants be held responsible for their actions in Spain. It will happen too.

No charges of rebellion against Puigdemont

It is far from certain, if and when it will happen. The bonding point is the subject of rebellion. According to the Spanish investigating judge Pablo Llarena, Puigdemont was responsible for the rebellion in Spain

The rebellion is similar to the high German treason. In Spain up to 30 years of imprisonment. The German judges could not understand this accusation. As a result, Puigdemont can no longer be accused of rebellion in Spain. That's what the system of the European arrest warrant wants.

The decision of Schleswig-Holstein is not a surprise. For the judge of Spanish instruction, this means a fierce defeat. The Catalan separatists, on the other hand, applaud the German judges.

"Today is the day when a fairy tale has come to an end that the Spanish state has tried to knit in every way imaginable, and we know that President Puigdemont is not The offense of rebellion will be extradited, because there was no rebellion, "says Catalan regional president Quim Torra

What will be the other accusations?

With the decision of Germany, the judge Pablo Llarena He reprimands not only Puigdemont but also the other prominent separatists currently in detention. We do not know if he will be content to sue Puigdemont for embezzlement. Judge Llarena could therefore withdraw the European arrest warrant.

José Pérez Gómez of the Judiciary Francisco de Vitoria states: "I think it would be fair to withdraw the arrest warrant, otherwise the investigation would be very complicated – otherwise we would have defendants For those who are accused of rebellion and one or a few accused, it is only misappropriation of funds. "

For Pérez Gómez, the case of Puigdemont shows the weaknesses of the warrant arrest European. It can not be that a court in Germany anticipates the work of a Spanish court investigation and with its decisions create facts.

"How would that take the German society, if a Spanish judge decided to deny the German justice a suspect?" Or if a federal state takes certain steps to separate. "These are very serious facts that the court German in my opinion not sufficiently recognized. "

Pérez Gómez is not alone with this opinion in the judicial circles. Attorney General Schleswig-Holstein is expected to give the green light for extradition in the coming days. However, it is still open, be it