Spanish Supreme Court Judge Llarena is expected to withdraw the extradition order against exiled Catalan President Puigdemont in the next few days. On Thursday, the German court of Schleswig-Holstein decided to extradite Puigdemont for embezzlement, but not for rebellion, the charge sought by the Spanish Supreme Court.
This decision compromises Judge Llarena’s instruction against the ex-members of the Catalan government who held the referendum.
Given that the acceptance of Puigdemont’s extradition would mean that he, “ex-leader” of the Catalan government, would be judged neither for rebellion nor for sedition, Judge Llarena has apparently decided to reject his extradition in order to be able to judge the rest of imprisoned Catalan leaders for rebellion without showing a lack of justice in Spain.
The image of President Puigdemont, “ex-leader” of the Catalan government, being judged for the minor crime of misusing public funds, with maximum penalties of up to 6 years in prison, while the rest of Catalan leaders, who played a minor role in the organization of the independence referendum, are judged for rebellion with penalties of up to 30 years in prison,would be controversial and would make evident the lack of justice and the non- existence of separation of powers in Spain.
Llarena already withdrew another extradition request for Puigdemont and three former ministers in Belgium last December. But he re-activated it after a few months, which caused outrage across European governments, which said that the judge was abusing the extradition request system.
Llarena may also take another unlikely path, taking the case to the Court of Justice of the European Union (CJEU). However, he appears not to be willing to take the risk of losing an appeal at a European court since it would show the lack of justice in Spain and would probably force him to release all Catalan political prisoners.
Requesting a preliminary ruling for the CJEU is a legal procedure, which enables courts of member states to question the interpretation or validity of an EU law.
If the Spanish Supreme Court requests the ruling, Puigdemont’s extradition would be frozen until it is resolved, which could take up to 16 months.
On the other hand, if Llarena doesn’t take any action, the extradition would take place in a few weeks, unless Puigdemont’s defense appeals the decision at the court of Schleswig-Holstein or at the German Constitutional Court.
Puigdemont’s lawyer, Jaume Alonso-Cuevillas, said they were planning to appeal at the German Constitutional Court. “It might be a denial of the extradition.”