GERMAN prosecutors have called for deposed Catalunya president Carles Puigdemont's extradition for 'rebellion' after having reviewed the additional information sent by the Spanish justice system, even though this is not technically a criminal offence in the northern European country.
The crime of 'high treason' does exist under German law, but the regional court of Schleswig-Holstein considered it did not apply to Puigdemont as the disputed independence referendum did not involve violence perpetrated or organised by the ex-leader or his government.
Initially, the court in the region where Puigdemont was arrested – just south of the Danish border, as he was driving home to Belgium from a conference at Helsinki University – rejected the prosecution's call for the former president to be extradited, but in light of new information received from Spain upon request from the judge, the prosecution has put forward a fresh recommendation which the court is required to review.
The information, according to the German prosecution, shows 'acts of violence against Spanish police forces' on the day of the referendum, October 1.
“These riots were of such magnitude that the prosecution is working on the basis that [Puigdemont] has to be extradited for rebellion,” the prosecutors' report says.
“In accordance with German law, not only would the crime of high treason be taken into consideration, but also that of public disturbance where this is particularly serious.”
The prosecution also says Puigdemont is a flight risk.
Ever since Puigdemont's arrest after a European arrest warrant – initially dropped in December but revived in April – the prosecution has backed the Spanish Supreme Court's requests, including that of remanding the former president in custody.
But to date, the regional court of Schleswig-Holstein has not followed prosecutors' recommendations, having released Puigdemont on bail and decided that the charge of 'rebellion' could not apply, only a possible case of misuse of public funds.
Puigdemont's solicitor Jaume Alonso-Cuevillas says he is 'confident' the German court will once again refuse to extradite his client, in the same way as the Belgian justice system has declined to do so with the three of his ministers who remain in exile in the country.
Alonso-Cuevillas said on Twitter that it was 'habitual' for prosecutors to 'mirror the approach of the State issuing the European arrest warrant', but that it was for the court to decide.
