Professor Clara Ponsatí could be extradited to Spain using Treason Felony Act 1848

Scottish prosecutors have confirmed that could use the Treason Felony Act 1848 to argue that Professor Ponsatí should be extradited to Spain to face charges of rebellion in connection with the Catalan Independence referendum of 2017. Under the principle of dual-criminality, Professor Ponsatí cannot be extradited to Spain, unless Scottish prosecutors can prove that the offences she is accused of would constitute crimes in Scotland or are included with the Framework List of offences for the European Arrest Warrant. Under the 1848 Act, the offence of “levying war in the realm” could mean that there is an equivalent crime in Scotland to the rebellion charges she faces in Spain.

The next procedural hearing in the case is scheduled for the 24th July and the full hearing is due to begin on the 30th July.

 

Formal request for the extradition of Carles Puigdemont

On the 1st June, German prosecutors formally applied to the higher regional court in Germany for the extradition of Catalan leader Carles Puigdemont. German prosecutors want Puigdemont returned to Spain to face charges related to his role in the Catalan independence movement, last year. The formal request comes one month after German prosecutors failed to convince the court that Puigdemont should be remanded in custody pending his full extradition hearing.

Last week also saw Pedro Sanchez become the new Prime Minister of Spain, however it is unlikely that the new Spanish leader will reverse the Spanish Court’s decision to try and extradite Puigdemont. A date for the final decision regarding Puigdemont’s extradition has not yet been announced.

You can find our other blog posts relating to this matter here.

 

Germany begin planning to extradite Carles Puigdemont

On Tuesday, German prosecutors reported that they were going to apply to extradite Puigdemont to Spain, but a German court has said they will not imprison him whilst the extradition process is being carried out.
Puigdemont initially travelled to Belgium, from Spain, after Catalonia failed to gain independence from the state of Spain, last October. In March, Puigdemont crossed the Belgian border, into Germany, where he was arrested on a warrant issued by the Spanish court.

In April, the Spanish authorities attempted to have Puigdemont extradited to face charges of rebellion, which they insisted was due to his role in the Catalan Independence campaign. The German courts refused to extradite him on charges of rebellion but did say that they would extradite Puigdemont if the charges were lessened to misuse of public funds.

This week, prosecutors have asked for Puigdemont to be remanded in custody and have provided new evidence of violence against the police, in the wake of the failed Catalan independence bid, which they argue amounts to rebellion.
The German Court is yet to announce when it will rule on the extradition itself

Extradition of Catalan Separatists from Brussels.

Yesterday, a court in Brussels ruled that the Catalan Separatists: Toni Comín, Meritxell Serret and Lluis Puig should not be extradited to Spain. The decision from the Belgian Court marks another obstacle on the Spanish authorities’ course to extradite those who were involved in the Catalan independence vote last year. Comín, Serret and Puig are facing charges of misuse of public funds and rebellion. The decision not to extradite the Catalan Regional counsellors is significant because the judgment included a decision that the European Arrest Warrants issued, rescinded then reissued by the Spanish authorities for the arrests of the three councillors were not valid because they were not supported by corresponding new, domestic, Spanish arrest warrants.

Catalan separatist fighting Spanish extradition case

Catalan Separatist and Economics lecturer at the University of St Andrews, Clara Ponsati, is scheduled to face an extradition court hearing at Edinburgh Sheriff Court today before she faces her full extradition hearing this summer.

Puigdemont & Ponsati face court hearings in battle against extradition to Spain

A German court has ruled that the requirements to detain exiled Catalan President Carles Puigdemont are met by the European Arrest Warrant for him issued by Spain. The Court has also denied him bail, after finding that he had a “strong incentive” to attempt travel to Belgium where he may have a better chance of fighting extradition. Mr Puigdemont was arrested in Germany on Friday, while attempting to travel between Finland and Belgium, and a final decision on his extradition must now be made within 90 days (see previous blog).

At the same time, former Catalan education secretary Carla Ponsati, who like Puigdemont left Spain in October last year, has agreed to turn herself in to police in Scotland where she had returned to a teaching post at St Andrews University. As with Mr Puigdemont, she is wanted by Spain on charges of rebellion and misuse of public funds.

Puigdemont arrested in Germany as Spain issues arrest warrants for former ministers

Former Catalan president Carles Puigdemont, who fled Spain for Belgium in October last year, has been arrested in Germany and is due to appear in court to decide whether he should remain in custody. He is wanted in Spain to face charges of rebellion, sedition, and misuse of public funds.

On Friday, Spain also issued European Arrest Warrants for 5 former Catalan ministers. One of whom is Clara Ponsatí, who was Catalan minister of education under Puigdemont and is currently an economist at St Andrews University in Scotland. She also left Spain in October, and the university has said that it is “committed to protect and support her”.