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MADRID – Catalonia's former leader, Carles Puigdemont, can be extradited to Spain, but only on fraud charges and not for rebellion, the main charge he faced in Spain after Catalonia's botched declaration of independence last year
The decision is a setback for the Spanish court, which had hoped the German court would allow Mr. Puigdemont to stand trial on a rebellion charge, which carries a maximum prison sentence of 30 years.
Under the lesser charge Mr Puigdemont (continued) Mr Puigdemont (continued) Puigdemont is accused of misusing public money to organize an illegal independence referendum on Oct. 1, when he was president of the restive region. Two dozen other Catalan politicians are also facing trial; Some of you are being held in prison, while a handful of others are fighting extradition.
The German court's decision is the last twist in a complicated legal battle that gained international dimension last October, when Mr. Puigdemont fled to Belgium To avoid prosecution in Spain, the law of the United States (19659002). In March, while traveling to Belgium, Mr. Puigdemont was arrested by the German police
In Thursday's ruling, the German high court of the state of Schleswig-Holstein Also, Mr. Puigdemont did not represent a flight to the United States, but it was decided that he should not be caught in custody.
No date has been set for extradition, but it is expected to happen soon, according to Wiebke Hoffelner, Schleswig – Holstein state prosecutor
Mr. Puidgemont could take the trouble of lodging an appeal before Germany's constitutional court, if his lawyers could convince the court that his basic human rights were violated. Inaugurated on Thursday, Mr. Puigdemont's lawyers said that they were considering how to proceed.
Pablo Llarena, the Spanish Supreme Court Judge who is presiding over Mr. Puigdemont and other Catalan politicians, said that Spain's judiciary could take the case to the European Court of Justice if Germany blocked Mr. Puigdemont's extradition on the charges sought by Madrid. There was no immediate response from Judge Llarena to the German decision.
The ruling was in line with a first ruling in April, which found that the rebellion could not be honored in Germany "because evidence of violence" Violence is a component of the charge in Spain 's legal code
Since then, however, Spain' s political landscape has changed considerably. A Socialist Government took office in Madrid last month, led by Prime Minister Pedro Sánchez. His predecessor, Mariano Rajoy, had vehemently opposed Catalonia 's separatist movement, and moved to block an effort to re – elect Mr. Puigdemont as the leader in May
Mr. Sánchez said on Thursday that his government obeyed judicial decisions. It should also be allowed to be weighed, it should be allowed, the said Spanish society should be involved in the events of the second half of 2017 to be judged by Spanish courts. He added: "This will happen."
Writing on Twitter Mr. Puigdemont welcomed the decision by the German court to strike down "the hand of the state" by not recognizing the independence referendum As an act of rebellion.
And Quim Torra, who leads a separatist coalition that formed a new Catalan regional government in June, called the German ruling "great news." He added: "Today the fictitious narrative of the Spanish state has fallen apart. "
On Monday, Mr. Torra visited Madrid to meet with Mr. Sánchez for the first time. The Prime Minister had previously vowed to "find a political solution to a political crisis" and return to the negotiating table
Mr. Sánchez, whose weak socialist government links with the Catalan parties, also had a strong position in the Spanish-speaking world.
In Barcelona, Mr. Torra is also in a fragile position: His unwieldy coalition of separatist parties
Mr. Puigdemont's return to Spain and a trial of the Catalan separatist leaders could potentially prolonged the dispute over the rule of law in the European Union. On Thursday, some center-right politicians in Spain questioned the purpose of a European arrest warrant if not in the same countries did not apply the same criteria.
When Mr. Puidgemont arrived in Brussels last October, he said his goal was to make Spain's territorial conflict an international issue and bring Catalonia into "the institutional heart of Europe," Brussels is home to the most important institutions of the European Union.
His lawyers said in their statement on Thursday that Mr. Puigdemont "
" We are convinced that we should be convinced that we are convinced that we are convinced that we are convinced that this is the case. "
Raphael Minder reported from Madrid, and Christop," they added, "and that they should stay out of the highly domestic disputes of other states." Her F. Schuetze from Berlin.
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