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Belgian court to rule on Carles Puidgemont extradition request Belgian court defers ruling on Carles Puidgemont extradition
(about 4 hours later)
A Belgian court is to consider whether to send Catalan separatist leader Carles Puigdemont back to Spain to face charges of rebellion and sedition over his region’s independence drive. A Belgian court has deferred a decision on Spain’s extradition request for the exiled Catalan leader Carles Puigdemont and four members of his former government to next month.
Madrid issued a European arrest warrant for Puigdemont and four of his former ministers after they fled to Brussels last month and ignored a summons to appear before a Spanish judge, claiming they would not get a fair trial. Puigdemont’s lawyer, Paul Bekaert, said no decision had been taken during Friday’s short hearing and that the case would resume on 4 December.
A judge in Brussels will hear arguments behind closed doors from prosecutors and lawyers for the Catalan separatists over Spain’s extradition request in the first round of what could become a protracted courtroom battle, with both sides expected to appeal if they lose. The timing of the hearing is potentially incendiary as it will come just 24 hours before the start of Catalonia’s regional election campaign.
A prolonged case could leave Puigdemont and his colleagues still in Belgium when Catalonia goes to the polls on 21 December for an election ordered by Madrid to “restore normality” to the north-eastern region. Spain issued a European arrest warrant for Puigdemont and his team earlier this month, seeking their extradition to face charges of sedition and misuse of state funds.
The aim of the European Arrest Warrant system is to do away with political interference in controversial extradition cases. Countries cannot refuse an extradition request on the grounds that the suspect has claimed political asylum.The aim of the European Arrest Warrant system is to do away with political interference in controversial extradition cases. Countries cannot refuse an extradition request on the grounds that the suspect has claimed political asylum.
However, the EAW does allow a country to refuse to hand over a suspect on the grounds that he or she is being sought on the basis of nationality or political opinions – factors that could apply to Puigdemont.However, the EAW does allow a country to refuse to hand over a suspect on the grounds that he or she is being sought on the basis of nationality or political opinions – factors that could apply to Puigdemont.
"The key questions for the Belgian extradition court are likely to be whether the criminal allegations are politically motivated and whether the Spanish authorities are acting abusively," says Andrew Smith, an extradition specialist at the law firm Corker Binning."The key questions for the Belgian extradition court are likely to be whether the criminal allegations are politically motivated and whether the Spanish authorities are acting abusively," says Andrew Smith, an extradition specialist at the law firm Corker Binning.
Any decision by a lower tribunal in Belgium can be appealed up through the higher courts. Given an inventive legal team, Puigdemont could technically slow the process this way.Any decision by a lower tribunal in Belgium can be appealed up through the higher courts. Given an inventive legal team, Puigdemont could technically slow the process this way.
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“We are going to ask the Belgian judge to respect fundamental EU rights,” said Michele Hirsch, a lawyer for two of the ex-ministers. Though Puigdemont handed himself into Belgium’s judicial police two weeks ago, Friday afternoon’s hearing, which lasted a little over an hour, was the first time he and his ministers had appeared before judges.
“The act of organising a referendum is not a matter for criminal law. It is clearly a political opinion that is being targeted, and the peaceful and democratic execution of a series of events linked to that opinion.” Following the hearing, Bekaert said the prosecution had “asked for the execution of the extradition request” but that Puigdemont’s defence was free to offer written evidence before the next court hearing. “So nothing has been decided today,” he said.
Puigdemont’s self-imposed exile is proving a headache for Belgium, whose fragile coalition government includes Flemish nationalists sympathetic to the Catalan cause. Spain has supplied the Belgian federal prosecutor with information it had sought on the conditions that Puigdemont would face in jail should the arrest warrant be executed.
The Belgian prime minister, Charles Michel, met his Spanish counterpart, Mariano Rajoy, on the sidelines of an EU summit in the Swedish city of Gothenburg on Friday, though sources said they talked about the future of the EU and other issues – and not Catalonia. Spain’s interior ministry said on Friday it had sent a document answering 14 prosecution questions about cell conditions, security guarantees, recreation, hygiene and food at the relevant jails.
The hearing is the latest act in Spain’s biggest political crisis in decades, sparked by a banned 1 October referendum that the Catalan parliament then used as a mandate to declare independence. Madrid in response dissolved the regional assembly and sacked the Catalan executive. Spain explained that Puigdemont would be sent to the modern Estremera prison outside Madrid and would have a cell of his own with a shower and toilet, or he could share it with one of his ex-ministers.
Eight former ministers are behind bars in Spain on charges of sedition, rebellion and misuse of public funds. The ministry said the ousted Catalan government members, who are being sought for rebellion, sedition and embezzlement, would have access to their lawyers.
Under Belgian law, a decision on a European arrest warrant – brought in by the EU to speed up the once-lengthy extradition process in the bloc – should be made within 60 days. The judge is expected to give an initial judgment in eight to 10 days. Spain’s interior minister, Juan Ignacio Zoido, said earlier in the week that all the information requested had been sent but pointed out that “Spain is a state of law for many years”. He added: “Nobody in Europe is going to give us lessons.”