General

Catalan leader Carles Puigdemont held by German police

Stephen
Burgen
in Barcelona and Philip
Oltermann
in Berlin

TheGuardian, 25 Mar 2018

Police
stopped former president when he was crossing from Denmark after visit to
Finland
Carles
Puigdemont has been living in self-imposed exile in Brussels since October.
Photograph: Salvatore Di Nolfi/EPA

German
police have detained the former Catalan president Carles
Puigdemont
under a European arrest warrant as he crossed from
Denmark into Germany.
Puigdemont,
who has been living in self-imposed exile in Brussels since October, was
travelling in a car on the way from Finland to Belgium on Sunday when he was
detained, having visited Finnish lawmakers in Helsinki.
On Friday
the Spanish government reactivated an international arrest warrant for
Puigdemont, who is wanted on charges of sedition, rebellion and misuse of
public funds.
Spain sent a request to
the Finnish authorities to detain Puigdemont, who was on a visit to promote the
Catalan independence cause. However, the request was written in Spanish and
there was a delay while authorities in Madrid had it translated into English.
In the meantime, Puigdemont left the country.
In a
statement on Sunday, Puigdemont’s press officer said: “Carles Puigdemont has
been detained in Germany
as he crossed from Denmark en route to Belgium. He has been properly treated
throughout and is right now in a police station. He was on his way to Belgium
where he would be, as always, at the disposal of Belgian justice.”
Ralph
Döpper, a deputy general attorney at the state prosecutor in
Schleswig-Holstein, told the Guardian he was currently investigating whether
Puigdemont would be placed into extradition custody, and he would announce his
preliminary findings on Monday morning. On Sunday afternoon Puigdemont was
transferred to Neumünster prison in northern Schlewig-Holstein.
In Spain,
reacting to the news of Puigdemont’s detention, Albert Rivera, leader of the
centre-right Citizens party, said: “The flight of the coup plotter has come to
an end. There can be no impunity for those who try to destroy European
democracy, flout democratic laws, destroy people’s coexistence and misuse
public funds.”
Elsa
Artadi, spokeswoman for Puigdemont’s Together for Catalonia party, tweeted:
“There is no guarantee of justice in Spain, only revenge and repression.”
There was
no comment from the ruling Popular party.
In
Barcelona, a crowd of several thousand people gathered outside the office of
the European commission to protest against the arrest of Puigdemont and the
jailing of Catalan political leaders. They chanted “No more repression” and
“general strike”.
Protesters
stand opposite riot police at a demonstration in Barcelona. Photograph: Lluis
Gene/AFP/Getty Images

They
later made their way to demonstrate outside the German consulate. There were
also traffic go-slows on several main roads.
Puigdemont
had covered 808 miles (1,300km) of the 1,243-mile car journey when he was
stopped at 11.19am, apparently at a petrol station near Schuby on the A7
motorway, 31 miles into German territory, according to his lawyer, Jaume
Alonso-Cuevillas.
According
to German media reports, the arrest was made following a tipoff from Spain’s
intelligence agency to German federal police’s Sirene bureau, part of a network
of information-sharing units for national police in the Schengen area.
Puigdemont
could face up to 25 years in prison in Spain if convicted of charges of
rebellion and sedition for organising an illegal referendum for Catalonia that
led to a unilateral declaration of independence in October.
According
to the rules of the European arrest warrant, Germany has up to 60 days to
decide whether to extradite him to Spain. If Puigdemont surrenders to be
prosecuted, the decision must be made within 10 days.
The
international warrant, originally issued in November, was rescinded in December
amid Spanish concerns that Belgium would not extradite Puigdemont for the more
serious charges against him as they are not on the Belgian statute books.
Were he to
be extradited only on the lesser charge of misuse of public funds, he could be
tried only for that offence.
Germany
can extradite suspects only if the alleged offence is also punishable under
German law. The decision is supposed to be made by judicial authorities alone,
without political interference.
There is
no such crime as rebellion under German law, but there is a crime of high
treason, defined as using force or the threat of force to undermine the
constitutional order. It carries penalties ranging from 10 years to life
imprisonment.
The
Catalan unilateral declaration of independence was entirely peaceful, if
unlawful, although Spanish authorities may argue there was an implicit threat
of force. The crime of sedition was dropped from German law in the 1970s.
The
arrest warrant was reactivated on Friday, as were similar warrants for other
Catalan fugitives – Lluís Puig, Meritxell Serret and Toni Comín, who are all in
Belgium, and Clara Ponsati, currently in Scotland where she is teaching at the
University of St Andrews. Authorities in Scotland confirmed they had received
the warrant, and Ponsati was said to be negotiating to turn herself in to
police.
In a
written statement, Scotland’s first minister, Nicola Sturgeon, reiterated the
Scottish government’s support for the “Catalan people to determine their own
future”. She said: “The fact that our justice system is legally obliged to
follow due process in the determination of extradition requests does not change
those views.”
Warrants
were also issued for the arrest of Marta Rovira, secretary general of the
secessionist Republican Left party, and Anna Gabriel, of the radical Popular
Unity Candidacy, both of whom have sought refuge in Switzerland.
On Friday
a Spanish supreme court judge remanded in custody Jordi Turull,
the third and latest candidate for the vacant Catalan presidency, and four
others, among them a former speaker of the Catalan parliament. They join Oriol
Junqueras, leader of Republican Left, and three others already held on remand
in Madrid jails.