Judicial setback to Spanish courts. The Belgian judge rejected this Wednesday delivery to Spain of excouncillors fled to Belgium, Toni ate, Meritxell Serret and Lluís Puig. The Court of First Instance has heard prosecution's request, which considers that Euroorden does not fulfil requisite requirements for its processing: "The Public Prosecutor's Office has asked court to declare three irregular European arrest warrants , given absence of appropriate national arrest warrants. The court has accepted this request, " Brussels Public Prosecutor's office said in a statement. Since all parties have agreed, re will be no recourse, although nothing prevents Spanish justice from being able to pursue a new euroorden if it so deems appropriate.
The irregularity in which Belgian justice has argued its rejection is based on Euroorden not supported by any national arrest warrant. It is not based on a new national arrest warrant, as would have been correct, but on requirement issued months before by National court. That is to say, when Judge Llarena issued new Euroorden, National order in which it was supported was not updated, which has assumed that both prosecutor's office and Belgian judge consider that it was not in force. "A processing car does not have value of an arrest warrant and refore cannot be a valid basis for executing a European arrest warrant," says prosecutor's office, which has had access to this journal.
The form error opens possibility to new scenarios in judicial situation of all fled. The euroórdeness taken by Llarena have been jointly issued for all escaped politicians, so defense lawyers do not rule out that Germany and United Kingdom can also detect similar problems in cases of Carles Puigdemont and Clara Ponsatí , although lawyers do not ensure that two countries ' decision is identical.
With your request today, Belgian Public Prosecutor's Office has changed its position on 17 November. That day, after analyzing euroorden of judge of national Audiencia Carmen Lame, it was favorable to dispatch to Spain of independence politicians, although it dismissed one of crimes. The same has not happened with order of delivery of Supreme Court Judge Pablo Llarena.
The members of Government came to view separately. Puig was early riser, he did at 8.15 hours wearing a yellow tie. Serret arrived half an hour later. And ate, past nine in morning. Aguardándoles to entrance to clo m before view were MEPs Josep María Terricabras and Jordi Solé (ERC), toger with Ramon Tremosa (PDeCAT). An hour and a half later y went out to entrance of Palace of Justice visibly satisfied. Antoni ate evaded to refer to offer of president of Generalitat, and to join as a conseller to his new government. Instead, he launched a message to Supreme Court and Spanish government. "Enough of abusing Penal Code. Enough of abusing euroórdenes system. It's not working. He's not serving prosecute politics. The prestige of Spanish justice to Europe is seriously falling. "
Serret (ERC), formerly responsible for area of agriculture of Generalitat, and Puig (JxCAT), his counterpart of culture in Govern, are accused in Spain of embezzlement and disobedience. While Antoni ate, a minister of Health and member of Esquerra Republican de Catalunya, faces charges of embezzlement and rebellion. This last crime is one that entails more serious prison sentences, up to a maximum of 30 years in prison.
The three independence politicians had been released without bail since last April 6. When a Belgian judge decreed that y could be freed with several conditions: not to leave Belgium, to communicate a fixed address, and to report to authorities when required. These precautionary measures are suspended, although if any of m decide to travel to anor European country re is a risk that Spanish justice issue a new Euroorden in a country where legislation is, at least on script, less favorable to Their judicial interests.Chronology of process in Belgium
November 3rd. Judge Carmen Lamel emits a euroorden against politicians fled to Belgium.
November 5th. Puigdemont and excouncillors are delivered to a police station in Brussels. The judge implements precautionary measures: it prevents m from leaving country, y must communicate ir address and be available when required.
November 17th. The Prosecutor of Brussels requests delivery to Spain of Carles Puigdemont and four exconsellers fled with him to Belgium. The Court of first instance postpones decision on its surrender.
December 5th. Judge Llarena removes European arrest warrants against Puigdemont and excouncilers in Brussels.
December 14th. Belgium officially closes judicial process and withdraws precautionary measures.
March 23rd. Judge Llarena activates a new euroorden against five escapees. Among m, three assistant councillors who remain in Belgium (Ponsatí moves to Scotland and Puigdemont is intercepted in Germany).
April 6th. The second process begins in Belgium. The three former councillors are free without bail and with precautionary measures similar to those of first process.
April 18th. The Brussels office is asking for more information from Spain.
May 16th. Belgian justice rejects Euroorden by Form flaws.