Judge Pablo Carena has sent a letter to German court's chief prosecutor who must decide on delivery of Carles Puigdemont to prevent him from repeating what, according to Supreme Court's instructor, is an interpretation "error" committed by Belgian authorities to Refuse to extradite councillors Toni ate, Mertixell Serret and Lluis Puig. In its writing, Llarena informs Germany that indictment against Puigdemont that supports European detention order is comparable to an arrest warrant and refore complies with requirements of euroórdenes.More information
- Belgian justice rejects delivery of excouncillors ate, Serret and Puig for defects in Euroorden
- Puigdemont asks German court to apply same resolution as Belgium and refuse to surrender to Spain
The clarification of Llarena with Germany arrives after lawyers of Puigdemont in Germany have asked High Court of Schleswig-Holstein that withdrawal of precautionary measures against Catalan former president following Belgian decision.
In a letter to chief prosecutor of Schweslig-Holstein hearing, instructor explains that a Brussels court yesterday denied delivery of or processed former directors, on grounds that Euroorden did not mention any prior national arrest warrants To its issuance and that y do not consider that self-processing was comparable to that order of arrest, despite fact that Spanish Supreme Court informed him orwise.
Llarena considers contrary to principle of reciprocal trust that one values juridical nature of resolutions envisaged in Spanish laws, disagreeing from which Supreme Court has informed that y have. But in order to prevent Germany from committing " same error", instructor informs Germany that indictment is included as one of court rulings provided for in article 8.1 of Agreement regulating euroórdenes, according to which Information to be contained in a European arrest warrant is "an indication of existence of a firm judgement, an arrest warrant or any or executive court ruling having same force as may be prescribed in scope of articles 1 and 2 ". According to Supreme Court, processing car fits into this last section of Executive judicial resolution that has same force as a sentence or a warrant.
Llarena recalls that indictment he dictated on March 23rd collected facts and responsibilities attributed to Puigdemont, once investigation phase was completed and precautionary measure of imprisonment that had already been adopted by national hearing was agreed. At beginning of instruction. From that moment, in Spain, adds Llarena, "This resolution is executive resolution regarding provisional prison of Carles Puigdemont." By virtue of that resolution, Puigdemont would be immediately detained and admitted to prison if found in Spain or delivered.