The Supreme Court withdraws the European arrest warrant against Puigdemont and his ministers



Agencies | Drafting

Judge Pablo Llarena wants to prevent the Belgian Justice from limiting the charges to the five politicians.


The Supreme Court judge, Pablo Llarena, has agreed to withdraw the European Arrest Orders issued against Carles Puigdemont and the dismissed councilors Antonio Comín, Lluís Puig, Meritxell Serret and Clara Ponsatí, all of them currently in Brussels, sources from the high court have reported.

The decision will be communicated as soon as possible to the Belgian authorities. The judge wants to prevent the Belgian Justice limit in its delivery formula the possible crimes that they can be imputed to the five (the investigating judge can decide whether to deliver the five and for what crimes), and that this entails a not “homogeneous” response. That is, in the event that the five were handed over for a crime of embezzlement, but not of sedition or rebellion, the Spanish Justice could not judge them for these latter crimes.

Llarena considers that the European orders issued by the judge of the National Court Carmen Lamela should be withdrawn because she is investigating “a crime of a plurisubjective nature endowed with inseparable legal unit“, which requires a single answer to avoid contradictory answers.

In other words, it states that, after the arrest warrants were issued, “it has been defined that the events could have been perpetrated through the concert of all those investigated and with an inseparable legal unit.”

Therefore, “the purification of the different criminal responsibilities must be carried in a unified way, because otherwise the continence of the cause could be broken and the process lead to contradictory and divergent responses for the different participants, “he argued.

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“Puigdemont will not leave Belgium”

Despite the fact that it has agreed to withdraw from the European European order, Llarena has not suspended the one related to the Spanish State, so that if the five return will be detained.

Meanwhile, Puigdemont’s lawyer and the four former councilors, Paul Bekaert, in statements to the Belgian newspaper L’Echo that none of the five will leave Brussels despite the withdrawal of the Euroorder.

For his part, the Catalan lawyer for President, Jaume Alonso-Cuevillas, has considered that Llarena has decided to withdraw the Euroorder “due to the probability of receiving a slap from the Belgian justice.” “It would have been a very fat slap if the justice of another European country said that the Spanish justice does not guarantee a fair trial.”

“The interlocutory says that they would only be extradited for some crimes and therefore they would have a better treatment than those who have stayed here, but I think it is the fear that the extradition would be completely denied” due to the risk that they would not have a fair trial, has said.

Cuevillas has called Llarena’s decision “unusual” and explained that Puigdemont, with whom he has spoken, has received it with joy, although he is still unable to leave Belgium, and “when he sets foot on Spanish territory he will be arrested immediately. This is obvious.”

The spokesperson for the PDeCAT in Congress, Carles campuzano, has assured that Carles Puigdemont can return to Catalonia whenever he wants and that his return would constitute a “democratic challenge for the Spanish State”.

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Reactions to the Supreme Court’s decision

Belgium lifts precautionary measures on Puigdemont and his ministers

The Brussels Prosecutor’s Office has reported that the precautionary measures imposed on President Carles Puigdemont and the four dismissed councilors who accompany him in Belgium have been abolished, after receiving via Eurojust the decision of the Supreme Court to withdraw the European arrest and surrender orders issued against they.

“Formally, we must wait for the decision of the judge (of first instance) to close the case, but the precautionary measures they withdraw immediately, “explained a spokeswoman for the Brussels Prosecutor’s Office.

The judge issued for them the prohibition to leave Belgian territory without agreement of the judge training, reside at a fixed address and appear in person when summoned by judicial or police authorities, among other conditions.

The Prosecutor’s Office will ask the Chamber of the Council (Belgian court of first instance) on Wednesday for a request to transfer to the judge the “final” decision of the Spanish judicial authorities, as reported by the Public Ministry in a statement. The Belgian Court must then set a new hearing to take minutes of the decision of the Spanish Supreme Court. Although there is still no date set for this hearing, sources from the Public Ministry see as plausible that it will be next December 14 at 09:00 hours.

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George Holan

George Holan is chief editor at Plainsmen Post and has articles published in many notable publications in the last decade.

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