Deposed Catalan leader cannot be extradited to Spain for rebellion, German court rules

Protesters hold posters during a demonstration to demand the release of Carles Puigdemont in Berlin
Protesters hold posters during a demonstration to demand the release of Carles Puigdemont in Berlin

A German court ruled yesterday that Catalan independence leader Carles Puigdemont cannot be extradited to Spain on a charge of rebellion and ordered him to be released him on bail while it considers his return on a lesser charge.

In a major blow to the Spanish authorities, the court said the charge of rebellion was “inadmissible”, as the acts of which the former Catalan president was accused would not be punishable under German law. 

It will now only consider his extradition to face a charge of misappropriation of funds, frustrating the attempt of Spanish prosecutors to send him to jail for up to 30 years. 

The court in Schleswig-Holstein, the German state where Mr Puigdemont was arrested on March 25, struck out the rebellion charge as it considered that the equivalent crime under German law - that of high treason - was inapplicable as it required the use of violence.

Catalan separatist politicians hailed the decision as a crushing rejection of Spanish authorities’ claim that the autumn’s independence drive was a violent uprising.

“There has never been violence and German justice said it today too,” said Sergi Sabria, spokesperson for the Esquerra Republican (ERC).

“The crime of rebellion is non-existent.”  Spain’s Supreme Court had charged 13 Catalan politicians with rebellion over the banned October 1 referendum and subsequent unilateral declaration of independence.

“See you tomorrow. Thank you to everyone”, Mr Puigdemont tweeted from Neumunster prison, where he was expected to spend the night before being released on Friday.

The German ruling will have implications for all their cases, effectively rendering it impossible to convict them on a charge which the former president himself is not facing. 

Five other extradition requests are currently being considered in Belgium, Switzerland and the United Kingdom, where Clara Ponsati, the former Catalan education secretary, is currently on bail in Scotland.

Mr Puigdemont has been held in Neumunster prison since his detention as a lower court had previously ruled him a flight risk. He is to be released on a bond of €75,000 (£65,585).

The former Catalan president was detained after crossing the border into Germany by car as he attempted to return from an event in Finland to Belgium, where he had been in self-imposed exile for five months.

The Spanish Supreme Court had dropped an earlier attempt to extradite him from Belgium when it became clear that the rebellion charge was likely to be struck out there, also due to the requirement for violence.

Carles Puidgdemont is wanted in Spain for rebellion and corruption charges
Carles Puidgdemont is wanted in Spain for rebellion and corruption charges Credit: AP Photo/Virginia Mayo, file

The government of Mariano Rajoy had previously expressed confidence that the extradition request for Mr Puigdemont would be rubber-stamped in Germany.

It has been surprised by international resistance to its crackdown on the secessionists, in particular to the rebellion charge, which has been questioned by legal experts across Europe. 

Switzerland has already ruled out the extradition of Anna Gabriel, a former parliamentarian who had been charged with disobedience.

The Spanish government was Thursday forced to deny that the arrest in Madrid of Hervé Falciani, the HSBC whisteblower wanted by Switzerland, was an attempt to pressure its authorities over a second extradition request for Marta Rovira, the ERC secretary wanted for rebellion. 

The Madrid government last night remained largely quiet on the German ruling, saying only that it would "abide" by what was an independent judicial decision.

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