Upper regional Court of Schleswig-Holstein: Carles Puigdemont comes under conditions free

The Upper regional Court excludes the extradition of the Catalan separatist leader for rebellion. Puigdemont must meet several requirements in order to be free.

Upper regional Court of Schleswig-Holstein: Carles Puigdemont comes under conditions free

The Catalan separatist leader Carles Puigdemont is released under conditions. The first penal Senate of Schleswig-Holstein upper Oberlandesgericht ordered against Carles Puigdemont "delivery detention and at same time in custody under conditions", court said. The extradition warrant issued by refers only to accusation of embezzlement, not to rebellion.

The payment of a deposit of 75,000 euro is one of requirements of detention. In addition, Puigdemont must report to police in Neumünster once a week and may not leave Federal Republic without approval of Attorney general, said a speaker of court time online. Puigdemont also had to announce a change of place of residence within Germany immediately, and he also had to prepare for subpoenas and court appointments.

Accusation of rebellion is inadmissible

The Senate is of opinion that "as far as accusation of rebellion is concerned, extradition proves inadmissible in beginning." The relevant criminal offence of high treason was not fulfilled because it lacked characteristic of "violence". Puigdemont, as initiator and advocate of implementation of referendum, are attributable to violence that took place on election day. However, se were not suitable, by nature, scope and effect, to put pressure on government in such a way that it had been forced to "surrender to demands of perpetrators of violence".

Schleswig-Holstein-Puigdemont comes under no conditions former Catalan regional president Carles Puigdemont can be released under conditions of imprisonment. In a statement, Upper regional Court concluded an extradition for rebellion. © PHOTO: Reuters

Something else applies to accusation of corruption in form of infidelity. Delivery to Spain is refore still possible. According to judge, accusation of infidelity does not weigh so hard, which is why Puigdemont can first get free. There is no evidence that Puigdemont in Spain could be subject to risk of political persecution.

Final decision on extradition pending

A final decision on an extradition Puigdemonts is expected at latest two months after its arrest, speaker of Court furr said. The Prosecutor General's Office must first examine admissibility of extradition Haftbefehls.

Spain's central government, however, shared respect for decision of upper Oberlandesgericht. The Spanish judiciary will be appropriately daraufreagieren and ensure that Spanish law is Geltungverschafft, said a spokeswoman.

Puigdemont had driven independence of Catalonia considerably. In Spain, he was accused of rebellion and misappropriation of government funds. He is threatened with a prison sentence of up to 25 years. He is said to have squandered more than one and a half million euros for illegal independence referendum. The attempts to split Catalonia from Spain are a rebellion by Spanish authorities.

Puigdemont had first fled to Belgium. On 25 March he was finally arrested in Schleswig-Holstein, he was on return journey from Finland. The basis of arrest is a renewed European arrest warrant by Spanish judiciary. Until decision on Spain's extradition request, Puigdemont was taken into provisional detention.

Date Of Update: 06 April 2018, 12:02
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