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Puigdemont Cannot Be Extradited on Rebellion Charge, German Court Rules Puigdemont Cannot Be Extradited on Rebellion Charge, German Court Rules
(about 5 hours later)
BERLIN — A German court ruled on Thursday that Carles Puigdemont, the former Catalan leader wanted for prosecution in Spain, may not be extradited on the charge of rebellion and can be released on bail, pending a ruling on whether he can still be handed over on a lesser charge. BERLIN — A German court ruled on Thursday that Carles Puigdemont, the former Catalan leader wanted for prosecution in Spain, may not be extradited on a charge of rebellion and can be released on bail, pending a ruling on whether he can still be handed over on a lesser charge.
The regional court in the state of Schleswig-Holstein ruled that the charge of rebellion cannot be honored in Germany “because the criteria of ‘violence’ is not present.” The regional court in the state of Schleswig-Holstein ruled that the charge of rebellion could not be honored in Germany “because evidence of ‘violence’ is not present,” potentially dealing a blow to Spanish efforts to extradite and prosecute other Catalan separatist leaders.
Prosecutors must still decide whether Mr. Puigdemont should be extradited for the other charge on which he is wanted, corruption for the misuse of public money, but he could now be freed on bail of 75,000 euros. Prosecutors in Germany must still decide whether Mr. Puigdemont should be extradited for the other charge on which he is wanted, corruption related to the misuse of public money. While that decision is pending, Mr. Puigdemont can be freed on bail of 75,000 euros, or nearly $92,000.
Wolfgang Schomburg, the senior German lawyer on Mr. Puigdemont’s defense team, said that bail would be posted by supporters of Mr. Puigdemont on Friday morning. Mr. Puigdemont’s Twitter account, which is administered by an aide, on Thursday posted the message: “See you tomorrow. Many thanks to everyone!”
The court’s decision is likely to reignite a debate in Spain over the attorney general’s decision last year to bring rebellion charges against Catalan separatist leaders, although Spain’s legal code had been revised to emphasize violence as a component of the charge. The crime carries a maximum prison sentence of 30 years.
It also puts into question Spain’s chances of extraditing several other Catalan politicians who have avoided prosecution by traveling to Belgium, Scotland and Switzerland.
The German government had refused to get involved in Mr. Puigdemont’s case, insisting that it belonged in the hands of the justice system. After the court’s decision was announced, the German Foreign Ministry declined to comment.
Rafael Catalá, the Spanish justice minister, said the decision “demonstrates the functioning of an independent judiciary, here in Spain, in Germany and in all the countries of the E.U.”
Mr. Puigdemont was arrested on March 25 as he crossed Germany from Scandinavia on the way to Belgium, where he had fled in October after a failed effort by separatist lawmakers in his northeastern region to declare independence from Spain.Mr. Puigdemont was arrested on March 25 as he crossed Germany from Scandinavia on the way to Belgium, where he had fled in October after a failed effort by separatist lawmakers in his northeastern region to declare independence from Spain.
The Spanish Supreme Court is seeking his arrest on charges of rebellion and embezzlement of public funds linked to Catalonia’s Oct. 1 referendum on whether to secede.The Spanish Supreme Court is seeking his arrest on charges of rebellion and embezzlement of public funds linked to Catalonia’s Oct. 1 referendum on whether to secede.
Prosecutors had asked the regional court to place Mr. Puigdemont in custody after having examined a Spanish arrest warrant and finding it to have an equivalent in German law — one of several requirements before extradition can take place. Prosecutors in Germany had asked the regional court to place Mr. Puigdemont in custody after having examined a Spanish arrest warrant and finding it to have an equivalent in German law — one of several requirements before extradition can take place.
Although the term “rebellion” does not have a direct equivalent in German law, the prosecutors said that it “contains at its core the allegation of carrying out an unconstitutional referendum despite expectations of violent disturbances.”Although the term “rebellion” does not have a direct equivalent in German law, the prosecutors said that it “contains at its core the allegation of carrying out an unconstitutional referendum despite expectations of violent disturbances.”
But the court rejected that view, finding that “the conduct with which he is charged would not be prosecutable in Germany under German law.” The court instead seemed to accept Mr. Puigdemont’s contention that the independence drive was nonviolent. But the court rejected that view, finding that “the conduct with which he is charged would not be prosecutable in Germany under German law.” The threat of violence would have had to pose a more direct threat to the government, the judges said.
In an interview with opposition German lawmakers given on April 2 from the prison in Neumünster where he was detained, Mr. Puigdemont denied that he had promoted violence and insisted that all of the money used to pay for the October referendum was generated through donations.In an interview with opposition German lawmakers given on April 2 from the prison in Neumünster where he was detained, Mr. Puigdemont denied that he had promoted violence and insisted that all of the money used to pay for the October referendum was generated through donations.
He also said in the interview that he had been overwhelmed by offers of support from Germans, many of whom said they would offer him a place to stay while he remained in the country. He also said in the interview that he had been overwhelmed by offers of support from Germans, many of whom offered him a place to stay if he remained in the country.
Wolfgang Schomburg, the senior German lawyer on Mr. Puigdemont’s defense team, said that bail would be posted by supporters of Mr. Puigdemont on Friday morning. He will not be allowed to leave Germany under the conditions of the bail and must register each move, the court said. Mr. Puigdemont will not be allowed to leave Germany under conditions of the bail and must check in once a week with both the police and prosecutors, the court said.
The government in Berlin has resisted calls from Mr. Puigdemont’s attorneys in Germany to get involved in the affair, insisting that it belongs in the hands of the justice system. Several politicians and officials from Catalonia’s pro-independence movement welcomed the ruling as a clear victory.
The Spanish government and judiciary did not have an immediate reaction to the German ruling. But several politicians and officials from Catalonia’s pro-independence movement welcomed it as a clear victory. Josep Costa, a lawmaker from Mr. Puigdemont’s party who recently visited him in prison, said it showed that “there’s justice in Germany,” and he called for “freedom for political prisoners.”
Josep Costa, a lawmaker from Mr. Puigdemont’s party who recently visited him in prison, said the ruling showed that “there’s justice in Germany,” and he called for “freedom for political prisoners.”
Marcel Mauri, the spokesman for one of the two main Catalonia pro-independence platforms, wrote on Twitter that the decision showed “Europe respects fundamental rights.”
Antoni Castellà, another Catalan politician, called it “an astronomic slap in the face for the Spanish state.”Antoni Castellà, another Catalan politician, called it “an astronomic slap in the face for the Spanish state.”
Catalonia remains in a political deadlock over five months after Prime Minister Mariano Rajoy used emergency constitutional powers to oust Mr. Puigdemont’s administration and place the region under direct rule from Madrid. Separatist lawmakers have struggled to form a new administration after retaining their narrow parliamentary majority in a snap election in December called by Mr. Rajoy.
Hours before the German court ruling, Mr. Puigdemont’s party announced that it would make another effort to elect Jordi Sànchez as Catalonia’s leader. He is among the separatist leaders who have been held in prison in Madrid, after being denied bail, ahead of their trial.