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CATALONIA CONFLICT

Separatist leader Puigdemont is free - under 5 editions

The Catalan separatist leader Puigdemont has left the prison in Neumünster. However, he has to comply with several requirements.

The Catalan separatist leader leaving the penitentiary in Neumünster.

Source: AFP

The Catalan separatist leader Carles Puigdemont is free. The Attorney General of Schleswig-Holstein had in the morning the immediate release of the Catalan separatist leader Carles Puigdemont from the prison Neumünster has.

The order was made at 11:14, said a spokeswoman for the prosecutor on Friday. Shortly before 2 pm it was announced that Puigdemont had left the prison. At 6 pm, the Catalan wants to hold a press conference in the Stadthalle Neumünster.

Prior to the release order, proof had been obtained from the competent authorities that the security deposit had been paid to the former Catalan Prime Minister. This confirmed a spokeswoman for the Attorney General in Schleswig the Handelsblatt.

Immediately after his release from German custody, the Spanish government called for dialogue. Now it was time for a dialogue, he said in English on Friday in Neumünster. There is no justification for the Spanish central government not to engage in talks with the Catalan leaders about a solution to the conflict.

The Higher Regional Court in Schleswig has set five conditions for detention :

• Deposit of 75,000 euros. She was deposited.
• Puigdemont may not leave Germany.
• The former Catalan regional president must announce every change of residence.
• Once a week he has to appear at the police in Neumünster.
• Subpoenas by the Attorney General and the Higher Regional Court in Schleswig have to be obeyed by Puigdemont.

The court had already on Thursday evening an extradition of the deposed Catalan president because of rebellion as "from the outset inadmissible" rated . In addition, the court had issued an extradition warrant but suspended it on condition.

The Catalan separatist leader, accused of rebellion in Spain , has already announced a continuation of efforts to split his region from Spain. "We must maintain our position and never back down," was posted on the Twitter account Puigdemonts on Friday.

"You have to look to the future with hope and optimism. We have the right to prevent being stolen from our future, "it said. The 55-year-old former regional president of Catalonia called for "Llibertat Presos Politics" (freedom for political prisoners) via hashtag.

"Extradition for rebellion is out of the question"

With his release, Puigdemont has indeed achieved an important stage victory. But for the 55-year-old, an extradition to Spain is not off the table, because the charge of misappropriation of state funds is not resolved. Rather, the head of the separatists faces a complicated legal process. 

The legal procedure in Germany

After the Higher Regional Court decision, Puigdemont's extradition for corruption is not fundamentally excluded, now the Attorney General in Schleswig-Holstein is back on the train. Investigators may make a formal request for admissibility of extradition.

A spokeswoman for the Prosecutor General's Office said it could take several days to decide whether to file the application. If the OLG criminal tribunal does not object to extradition, the Attorney General must formally approve the extradition of the Catalan.

Puigdemont would then still have the opportunity to challenge this decision before the Federal Constitutional Court. His German lawyers have already stated that he would not shy away from going to Karlsruhe. If the German constitutional judges also consider a transfer of Puigdemonts to be lawful, a challenge to the European Court of Justice would be conceivable. 

The deadline

The European arrest warrant provides for a 60-day deadline within which the person sought must be handed over to the country that is looking for him. Puigdemont  was arrested on 25 March in Schleswig-Holstein. Accordingly, he would have to be delivered no later than May 24 or the warrant expires. However, legal experts explain that "exceptional circumstances" could lead to an extension of the deadline. 

The Spanish judiciary and the European arrest warrant

The Spanish Supreme Court (Tribunal Supremo) issued a European arrest warrant for Puigdemont and four other leading separatists in exile on 23 March. The allegations were rebellion because of the proclamation of independence and misappropriation of public funds.

It was the second time that Judge Pablo Llarena issued the European arrest warrant. The first time he wrote on 3 November Puigdemont throughout Europe for the search. On 5 November, the 55-year-old then turned to the Belgian authorities.

As part of the investigation in Brussels, it became apparent that the charge of rebellion would not endure. Thereupon Llarena withdrew the arrest warrant on 5 December. He justified this with the risk that parts of the grounds of the arrest warrant could be rejected by the Belgian judiciary.

But this is very important for the Spanish investigators, because a suspect extradited to the European arrest warrant may be charged in his homeland only for the accusations that are recognized in the delivering country. Puigdemont could have been tried in Spain only because of corruption and not because of rebellion.

In Spain, however, separatists are already in custody, who have to answer for the charge of rebellion. They face up to 25 years imprisonment. If Puigdemont should be extradited to Spain and he should only be accused of corruption, the leading figure of the separatists can expect a much lower sentence than his comrades.

Also because of this imbalance Llarena drew last December after Spanish media reports the emergency brake and annulled the European arrest warrant. On Friday it was initially unclear whether he would now pick up the search for Puigdemont again.