Justice: Court authorizes extradition of former Catalan president Puigdemont to Spain

Stand: 18:11 [19659005] | Reading time: 3 minutes

D The way to an extradition of former Catalan regional president Carles Puigdemont from Germany to Spain is free. The Higher Regional Court of Schleswig-Holstein (OLG) in Schleswig on Thursday approved a transfer suspected of misappropriation of public funds. An extradition for rebellion, however, the court declared inadmissible. Puigdemont hailed in a first reaction that the referendum on independence organized by him is not considered a rebellion

According to the legal principles in force, Puigdemont should be pursued in Spain only within the framework claims declared admissible by the OLG in extradition proceedings no longer because of a rebellion of up to 30 years imprisonment in Spain. "The Senate badumes that the Spanish courts respect this principle," said the court of Schleswig

Puigdemont, who was arrested just before Easter through Schleswig-Holstein, remains at liberty, according to the decision of the court. His lawyers announced "immediately check the next steps". They might try to go to the Federal Constitutional Court to prevent the extradition of politicians to Spain.

The Office of the Attorney General of Schleswig-Holstein said that he would decide "quickly" to grant a transfer. According to a spokesman, the decision to grant extradition is virtually gone. The final examination has reported only possible "obstacles to deportation". However, they see neither their own authority nor the court, said the spokesman with reference to the decision of the Higher Regional Court.

Puigdemont said in the short message Twitter service because of the accusation of rebellion, a "main lie" of the Spanish state. refuted. "The German judicial system says that the October 1 referendum is not a rebellion," writes Puigdemont. At the same time, he resolutely decided: "We are fighting to the end."

Other members of the deposed Catalan regional government have been detained for months in Spain and persecuted by the Spanish courts for rebellion.

On a decisive point, the OLG did not comply with the request of the Attorney General's Office, which considered extradition as admissible also because of the rebel accusation raised by the Spanish judiciary. In support of the reason, the authority had pointed out that this would correspond to the German offense of high treason or at least that of breach of the peace.

The judges decided otherwise. A "scale of violence", as required by the German High Treason Rules, was not "breached" in the independence referendum. Even the accusation of breach of peace does not affect the accused.

Spain respects the decision of the Higher Regional Court, in the words of Prime Minister Pedro Sánchez. "We do not comment on the decisions of the judiciary, we respect them (…), whether in Spain, Belgium, Germany or elsewhere," said Sanchez on the sidelines of the NATO summit in Brussels . It was important that Puigdemont and his colleagues in Spain, the process is ongoing.

Defenders of Puigdemont described Spanish action as "criminalizing democratic behavior". Germany should not take part in it and should stay away from "explosive national quarrels nationwide," said the Hamburg, Berlin and Munich attorneys. They would now look at the other legal possibilities in the case.

The conflict over Catalonia's independence efforts intensified last year, when Puigdemont organized the referendum, considered illegal by the Spanish justice system. After the vote, the regional government unilaterally proclaimed the independence of Catalonia at the end of October. The Madrid government subsequently suspended Puigdemont and his cabinet.

The Spanish courts have since accused Puigdemont of rebellion, rebellion and misappropriation of public funds. He escaped to Belgium in October and was arrested in March on the basis of a European arrest warrant issued by Spain while he was pbading through Schleswig – Hesse. Holstein. Spain then requested extradition.