The lawyer for the former president of the Generalitat Carles Puigdemont and the exconsellers Clara Ponsatí, Lluis Puig and Toni Comín presented this Monday before the judge in the case of the process in the Supreme Court, Judge Pablo Llarena, two briefs in which he demands that “the appropriate instructions” be issued to make effective the suspension of the criminal procedure in which the four are involved, “especially in relation to the different arrest warrants issued ”. In the writings, the Catalan independence politicians influence whether these instructions have been transmitted to the security forces, to the Schengen Information System (a cooperation mechanism of 30 European countries for border control) and to Interpol (a police organization that encompasses to 194 states) to avoid further arrests such as that of the former Catalan president in September in Sardinia.
Puigdemont’s movement comes after last Friday the General Court of the European Union (TGUE) issued an order that amended the plan to the Spanish Supreme Court by concluding that the Euro-orders against the three fugitives who are Euro-parliamentarians – Puigdemont, Ponsatí and Comín – were suspended. That resolution was the response to the claim of the former Catalan president, who had been arrested at the end of September in Sardinia (Italy), to regain immunity as a member of the European Parliament, suspended precisely as a result of a request from the Supreme Court. The European court rejected this request from the politician, but made it clear, contrary to the criteria of the Spanish justice system, that the criminal process against Puigdemont was suspended due to the preliminary ruling on the Euro-orders raised by Judge Llarena himself before the European justice system and that has not yet been resolved.
The European judge stressed that the suspension of the euro order was automatic in this case and that, therefore, it did not require any decision from the Spanish high court in this regard. In this sense, the order insisted that the suspension of the process “necessarily entails the suspension of the execution of the aforementioned orders.” The resolution admitted that, despite the Euro-orders were not in force, there was a risk that at some point Puigdemont, Comín or Ponsatí would be detained during their movements through EU countries. However, the order made this possibility less serious by highlighting that the rapid release of Puigdemont in Italy, the day after his arrest, confirmed that “the executing judicial authorities have no intention of executing the European arrest warrants directed against MEPs before the Court of Justice rules on that request ”.
Only three days after this ruling by the General Court of the EU, Puigdemont’s lawyer presented the two known briefs to the Supreme Court on Monday. In them, Puigdemont and the three exconsellers They also ask Judge Llarena to provide him with copies of the notifications that “by virtue of said suspension and in accordance with the principle of loyal cooperation, have been made to the State Security Forces, the Schengen Information System and Interpol , in relation to the suspension of said orders ”.
George Holan is chief editor at Plainsmen Post and has articles published in many notable publications in the last decade.