Today, the German High Court, decided that Carles Puigdemont could be extradited to Spain on charges of embezzlement of public funds but not on the charge of ‘rebellion’. In the European Arrest Warrant, the Spanish judicial authority had requested Mr Puigdemont be extradited to face trial on charges of ‘rebellion.’ However, the German High Court refused to extradite on this basis explaining that “violent clashes with the Civil Guards or the National Police did not reach a point where the constitutional order was under threat in Spain.” The High Court decided that the charge of ‘rebellion,’ which according to Spain’s penal code may apply only to those who ‘violently and publicly’ try to ‘abrogate, suspend or modify the Constitution, either totally or partially,’ could not be equated with the German penal code’s charge of ‘high treason.’
Mr Puigdemont’s lawyer has announced an appeal to the German Constitutional Court claiming the former regional president cannot receive a fair trial in Spain.
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