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German court declares extradition of Catalan separatist leader admissible – now?

Benedict Neff, Berlin

  The former Catalan separatist leader Carles Puigdemont in Berlin. (Image: Markus Heine / EPA)

The former Catalan separatist leader Carles Puigdemont in Berlin. (Image: Markus Heine / EPA)

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."

On July 12, the Higher Regional Court of Schleswig-Holstein declared the extradition of Carles Puigdemont for the allegation of misappropriation admissible, An extradition for rebellion is however inadmissible (registration of the archives of June 21 in Berlin). (Photo: Markus Heine / EPA)
After almost two weeks spent in Neumünster Prison, Puigdemont was released conditionally on Friday, 6 April. The day after his release, he speaks with the media representatives. (Image: Hannibal Hanschke / Reuters)
The press conference met with great interest. The former Catalan regional president commented on U.a about his plans and said that Berlin was "resident until the end of this lawsuit". How is it going, but is still open. (Photo AP / Michael Sohn)
At the same time, Puigdemont asked for international mediation in a dispute over the future of Catalonia at a press conference. (Photo: Clemens Bilan / EPA)
On Friday 6 April, Carles Puigdemont left Neumünster prison. In front of the prison gate of the German federal state of Schleswig-Holstein, he thanks the German authorities for the correct and respectful treatment and answers questions from the media. (Image: Jens Schlueter / EPA)
Carles Puigdemont leaves the prison in front of numerous media outlets. (Photo: (Focke Strangmann / EPA)
First, the court issued an extradition order against Puigdemont but suspended its execution On April 6, Carles Puigdemont is now allowed to leave Neumünster Prison (photo: Focke Strangmann / EPA) 19659019] The Schleswig-Holstein Public Prosecutor's Office has requested an extradition order for former Catalan regional president Carles Puigdemont in the Schleswig Higher Regional Court Tuesday (3. 4.). (Photo: Virginia Mayo / AP) [19659020] Ten days earlier, supporters of Catalan separatists block two main roads, demonstrating against the arrest of former President Carles Puigdemont, Germany (Photo: Robin Townsend / EPA)
Dozens of protesters intercepted the AP-Coastal road 7, which has also been interrupted since 6:15 pm Also, the main road N340, 200 kilometers south of N President Catalan Traffic Watch (Image: Robin Townsend / EPA)
Carles Puigdemont remains in detention for the moment, as the Neumünster District Court on 26.3. decided. A cameraman takes the Neumünster prison in northern Germany. (Photo: Frank Molter / APD via AP)
The media interest is great when the 55-year-old man rides in a car in front of Neumünster Prison. (Photo: Frank Molter / dpa via AP)
The Catalan flag and the call for the release of Puigdemont are hanging in front of the prison. (Photo: Fabian Bimmer / Reuters)
Also some Catalans gathered in Neumünster, like this woman with Catalan colors. (Photo: Srdjan Suki / EPA)
Leading Lawyer Georg Güntge states, "Now we are considering whether extradition is permitted". Puigdemont remains at Neumünster Prison, where he was arrested after his arrest on Sunday. (Photo: Fabian Bimmer / Reuters)
Still on Monday, thousands of protesters are demonstrating for the liberation of the Catalan politician, as here in Valencia. (Image: Manuel Bruque / EPO)
In Germany, there is a growing demand for a political solution to the conflict between the Spanish central government and the Catalan independence government. Puigdemont's lawyer Jaume Alonso-Cuevillas Sayrol talks to the media after his client's visit to the prison. (Image: Jens Schlueter / EPA)
"Democracy is not a crime" is written on the ground in front of the German Consulate in Barcelona. (Image: Susana Vera / Reuters)
In Barcelona, ​​the arrest of former Catalan Prime Minister Carles Puigdemont on Sunday led to gatherings involving some 55,000 people, police said. The Catalan politician was arrested Sunday (March 25) while crossing the border of Denmark in northern Germany. (Image: Manu Fernandez / AP)
In Barcelona, ​​supporters of Carles Puigdemont attempt to invade the seat of the Spanish government. A large police force locks access. (Photo: Emilio Morenatti / AP)
Sunday (25. 3.) there will be a big rally in Barcelona in the afternoon. The independent Catalan ANC, whose former president Jordí Sánchez is also detained, organized the gatherings that resulted in the seat of the delegation of the European Commission. (Image: Albert Gea / Reuters)
The protest march was to end in the evening in front of the embassy of Germany. The arrest of the former Catalan president by the German authorities ignites the anger of supporters of an independent Catalan state. (Image: Albert Gea / Reuters)
Part of the protests involved heated disputes between protesters and the police. (Image: Emilio Morenatti / AP)
Protesters in Barcelona are arrested by police. Also in other cities was protested. In Girona, where Puigdemont was former mayor, protesters sprayed the building housing the central government representative in yellow and replaced the Spanish flag with the Catalan flag of independence (Estelada). (Image: Emilio Morenatti / AP)
Supporters of Carles Puigdemont demonstrate in front of the embassy of Germany in Barcelona against the arrest of their idol. (Image: Manu Fernandez / AP)
With candles and Catalan flags, protesters march through the streets of Barcelona after dark. "Freedom for political prisoners", they demand on the banners. Nine independence activists are in Spanish prisons, six others are in exile. (Image: Marta Perez / EPA)
During the evening, there are first skirmishes between the protesters and the police. According to the health authority, more than 100 people were injured, including at least 23 police officers. (Photo: Enric Fontcuberta / EPA)
The anger of the Catalan separatists facing the arrest of Puigdemont is great. His arrest marks a provisional end of three months during which the politician traveled across European countries. Before his visit to Finland two days ago, his last station at liberty, he had been invited to Switzerland. (Photo: Andreu Dalmau / EPA)
Photos and videos showed protesters throwing objects at the police. The authorities fired warning shots in the air and used batons. (Image: Felipe Dana / AP)
During the demonstrations, police arrested several participants at the rally. The exact figures on the arrests and the number of wounded are not available. (Photo: Emilio Morenatti / AP)
The police were on site with a large contingent and were hit hard. Gradually, voices of warning are heard in Spain against the repression of justice. Former Prime Minister Felipe González warned in Madrid that the judiciary assumed the role of politics. It is to win the Catalans, without humiliating them. (Image: Felipe Dana / AP)
The rallies continued during the night. Some demonstrators set up barricades and set fire to containers and other items. (Image: Albert Gea / Reuters)
The arrest of Puigdemont provoked violent reactions late into the night. In clashes between protesters and police in Barcelona, ​​more than 100 people were reportedly injured. (Image: Albert Gea / Reuters)
A container burns in Barcelona on Sunday night (25 March). The arrest of Puigdemont fueled the conflict between Spain and the separatists in Catalonia. (Image: Manu Fernandez / AP)
An injured person is taken in charge by a paramedic. The disappointment of the Catalans about the arrest of their idol Puigdemont is great, their anger is also partly directed against the German authorities, who proceeded to arrest. (Image: Emilio Morenatti / AP) To article

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.

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