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13 Jul 2018

Andrew Smith comments on a German court ruling that Carles Puigdemont can be extradited to Spain in the Daily Express

A German court has ruled that Carles Puigdemont, former Catalan leader, could be extradited on the charge of misuse of public funds – but rejected calls to send him to Spain on charges inciting rebellion.

A German state prosecutor says it will decide soon an extradition charge after the court deemed such action was permissible.

Partner Andrew Smith commented on this ruling:

“The decision of the German court is unsurprising. Rebellion is not an offence recognised under the EU-wide European Framework Decision, which created the European Arrest Warrant. The laws of most countries do not criminalise rebellion, with the result that there is no “dual criminality” between Spain and Germany. However, in authorising Mr Puigdemont’s extradition for the offence of misuse of public funds, it seems that the German court rejected, or was unable to consider, whether extradition should be refused on the basis that the prosecution was politically motivated. This would have been an argument available to Mr Puigdemont and other Catalan Ministers had they contested their extradition from England.”

Read the full article in the Daily Express here.