The former Catalan president, Carles Puigdemont, can be delivered to Spain but only for crime of embezzlement and not for rebellion, most serious accusations that weighed on him. This has been decided by High Court of German state of Schleswig-Holstein. An erroneous application of Euroorden by this German body puts Spanish judiciary under strong pressure and questions European principle of mutual recognition of judicial decisions within EU.Previous Editorials
Judicial setback (06/04/2018)
Blunt Justice (24/03/2018)
The clock is already running (23/03/2018)
It is true that crime of rebellion in Spain, similar to high treason in Germany, is not collected among 33 crimes that explicited European order of detention and surrender. But analyzing documentation provided by Judge Pablo Llarena and exempting Puigdemont from such offense is an overlimitation of its functions. The usual option is to accept euroorden whenever re is a similar offence in legislation itself. This has always been understood by German public prosecutor, who seems to understand better than his judges nature of Euroorden.
However, German magistrates are not only ones who question crime of rebellion in this case; Also in Spain re is a strong answer to classification defended by Llarena. But to settle such a question corresponds to Spanish Supreme Court in this future trial against procés, which must obviously be carried out with all procedural guarantees.
The delivery of Puigdemont only by embezzlement of funds limits action of Spanish Justice, in addition to submitting it to probable disrepute of those who put it in question. The truth is that German decision places Spanish judicial system in a dead end. If Llarena accepts surrender, it will be impossible to apply principle of legal equality, since prisoners of procés, in Spanish prisons, will be judged by rebellion, while Expresident, pursued by same cause, would be tried for a misdemeanor, of embezzlement.
Pedro Sánchez has declared that important thing is that all defendants are subject to Spanish justice. Maybe. But in order to achieve this goal, Spanish judiciary has been questioned and, incidentally, distorted from Germany that great European breakthrough which is euroorden.
This step confirms that in relation to Procés Spain is in a trance to lose Battle of international narrative. The euphoria with which Puigdemont and his lawyers have reacted to German decision is anor hurtful detail for institutions of this country and abounds in provincial idea that German judges have more discretion than Spaniards who have investigated closely and For months case.
In any case, judges of Schleswig-Holstein appreciate crimes of embezzlement that may carry Carles Puigdemont his immediate incarceration in Spain in case Llanera accepts his surrender. If you reject it, expresident will remain a fugitive. While politics seeks détente, justice runs into difficult pitfalls to achieve it.
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