German court declares extradition of Catalan separatist leader admissible – now?
Benedict Neff, Berlin
The extradition of Catalan separatist leader Carles Puigdemont is allowed. This was announced Thursday by the Higher Regional Court of Schleswig-Holstein. But this only comes from the accusation of embezzlement of public funds in question and not from the charge of rebellion. In the case of a possible procedure in Spain, this offense should be excluded. The decision does not change the fact that Puigdemont remains at liberty, the German court sees no danger of flight.
Despite the recent decision, the extradition of Puigdemont is not necessarily imminent. The ball is now at Attorney General Schleswig-Holstein. This must first approve extradition to Spain. The assessment will be "timely", as informed the spokesperson of the authority on request. That it will grant extradition seems as good as agreed. As early as June 2018, the Prosecutor General's Office stated that he had no intention of obstructing the granting of a license, provided that extradition be declared admissible by the Higher Regional Court. It's now here.
In principle, if extradition is granted, it will also take place, says the spokeswoman of the Attorney General's office. The judicial process has been exhausted in this proceeding. This means that an appointment or a review is not possible. However, the spokeswoman adds: "In such cases, it is possible to call the Federal Constitutional Court." If Puigdemont and his lawyers follow this path, his case could last even longer and Karlsruhe judges could come to a different conclusion. The Government retains
That Puigdemont resorts to this remedy is at least probable. He wants to escape the process in Spain, and the Federal Constitutional Court will be his last legal opportunity. The German government has so far reported that his case is under the jurisdiction of the courts and that they do not intervene. A sudden government veto against extradition would be a surprise.
The Spanish judiciary accuses the former president of the Catalan government of rebelling and misappropriation of public funds. However, the German court concludes that the actions alleged against him "neither the German offense of high treason nor the violation of peace" have come together. A degree of violence, as prescribed by the High Treason Law, had not been reached by the clashes in Spain. Understandable, however, was the charge of misappropriation of public funds. He says: "If these allegations in the result confirm, must be clarified exclusively in the context of the Spanish criminal procedure."
Puigdemont can be delivered
Puigdemont is satisfied with the decision of the court. "With that, the main lie of the state is extinguished.The German justice denies that the referendum on the independence of October 1 was a rebellion," he tweeted. A conviction for rebellion can result in up to 25 years of imprisonment in Spain. There is a maximum of eight years of imprisonment
Satisfaction in Spain
The court considers that Spain 's extradition request serves to politically pursue Puigdemont in his country of origin. ;origin. Puigdemont himself had expressed this suspicion. The court, on the other hand, expresses its "full confidence" in the Spanish judicial system. Spanish Prime Minister Pedro Sánchez is also satisfied with the decision of the German court. It was important that the Spanish judiciary could try the defendants, he said on the sidelines of the NATO summit in Brussels – and that would happen.
Puigdemont was arrested in Germany on March 25. He was returning to Belgium, where he had lived in exile since October. The arrest in Germany was based on a European arrest warrant. At the beginning of April, Puigdemont was released under certain conditions. Since then, he lives in Berlin.