Germany prosecutors file extradition request for former Catalan president News
Germany prosecutors file extradition request for former Catalan president

The Schleswig-Holstein Higher Regional Court [official website, in German] in Germany confirmed [press release, in German] Tuesday that an application has been filed by prosecutors in Germany to extradite the deposed Catalonia president Carles Puigdemont [BBC profile].

A three-judge senate for criminal matters of the court is now entrusted with the responsibility to determine whether extradition of Puigdemont is warranted under the circumstances.

The applicable law in this context is § 15 of Gesetzes über die Internationale Rechtshilfe in Strafsachen (IRG), which authorizes the grant an extradition detention order: 1) if there is a risk that the person of interest will evade extradition; or 2) when there are grounds for suspecting that the person of interest will obstruct the investigation in the foreign or extradition proceedings. However, the second paragraph of § 15 adds that such an order may not be granted [press release, in German] if the extradition appears unwarranted from the outset.

Essentially, the court is tasked to determine whether the offenses Puigdemont is accused of fits the definition of a crime under the laws of Germany. The case against Puigdemont is expected to turn on charges of “rebellion” [JURIST report] and prosecutors in Germany believe that the offenses fit the definition of “treason” under Germany’s criminal code.

Puigdemont, currently being held [JURIST report] Neumünster prison, called on his supporters during a radio interview [sound-byte, Catalunya Radio, in Catalan] to continue the struggle for Catalonia independence [JURIST report] “without violence, without insults and in an inclusive way, respecting people.”

Puigdemont has the right to appeal any unfavorable order rendered by the Schleswig-Holstein court and any extradition order can nevertheless still be blocked [The Telegraph report] by the government on political grounds.