The Prosecutor’s office of the Supreme Court shall demand the delivery of three of the exconsejeros who fled to Belgium with the ex-president Carles Puigdemont: Toni Comín, Lluís Puig, and Clara Ponsatí (who now lives in Scotland), in addition to, predictably, the exsecretaria general of ERC, Marta Rovira. However, according to sources, prosecutors, the public prosecutor’s office has dismissed request by now to the high court to order a european or international arrest against the exconsejera Meritxell Serret (also flight to Belgium) and the exdiputada of the CUP Anna Gabriel (who fled to Switzerland).
The judge postponed until the December 16 hearing on the euroorden of Puigdemont Puigdemont, what now?
The same day you had published the judgment of the procés the office of the Prosecutor requested the judge of the Supreme Paul Llarena, instructor of the case against the pro-independence leaders, seeking to Belgium delivery for sedition and misappropriating Puigdemont. But the public prosecutor’s office left in the air your request on the other six escaped to be able to appreciate it in function of the arguments of the sentence. Two weeks later, the Prosecutor’s office has decided to claim only four of the escaped, and discard the delivery of the other two.
The public prosecutor’s office expected, according to sources tax, register your request in the Supreme court this Thursday to Comín, Ponsatí and Serret. The public ministry believes that there are also reasons to request delivery of Rovira for sedition, but this request will postpone for the moment because being in Switzerland would have to obtain an international arrest warrant.
To Comín and Ponsatí they will sue for sedition and embezzlement, the two crimes for which the Supreme court has sentenced to between 12 and 13 years of jail to the vice-president of the Catalan government, Oriol Junqueras, and the exconsejeros Raül Romeva, Dolors Bassa and Jordi Turull. For Puig, the public ministry will only be asked for the delivery for embezzlement and disobedience, because Llarena does not prosecuted for rebellion. The public ministry expected to register this Thursday in the Supreme court the petition for Llarena dictate these three euroórdenes.
The public prosecutor’s office believes that there are also reasons to process an international order of arrest against Rovira (being in Switzerland is beyond the scope of the orders in europe) for sedition, the crime for which they are processed, although the Prosecutor’s office is still evaluating the case to be a procedure different from and more complex than that of the euroorden.
The Prosecutor did not ask for in exchange, according to the same sources, the delivery of the exconsejera of Agriculture Meritxell Serret. The decision has been taken after studying the judgment passed by the high court against Oriol Junqueras, and 11 other pro-independence leaders and come to the conclusion that Serret only they could be accused of a crime of disobedience, which is not punishable by imprisonment and for which there may be issued a euroorden. In the case of Anna Gabriel, despite the fact that the Prosecution itself claimed after his flight that the public demanded its delivery, the Supreme court never issued international arrest warrant against her to understand that we only could impute disobedience.
Although the Supreme resign now to claim the delivery of Serret and Gabriel, both of these will continue to weigh a national order of detention, so that they will be arrested if they return to Spain. According to sources, in this case would be brought to justice in order to testify and then, predictably, would be released.
Serret was processed also for embezzlement, but the Prosecutor’s office has changed the criteria after studying the judgment because their situation is similar to that of the exconsejeros Santi Vila, Carles Mundó and Meritxell Borràs, who has only been sentenced to one year and eight months disqualification and a fine of 60,000 euros for a crime of disobedience. The three were also accused of misappropriation because, according to the thesis of the Prosecution, all agreed to a settlement of the Government by which they divided among their departments, the expenditure for the celebration of the query, independence of the 1-O. But the judgment of the Supreme believes that that agreement is not enough to attribute the malfeasance and just sentence for this crime the leaders of the Ministries of which it has been proven that they diverted funds for the referendum.
This argument has forced the Prosecution to change his thesis and to dismiss the indictment for embezzlement against the exconsejera of Agriculture. The office of the Prosecutor itself will keep, however, this accusation against Comín (exconsejero of Health), Ponsatí (Teaching) and Puig (Culture), as the public prosecutor considers that there are indications that since your department has diverted funds for the holding of the referendum. Once the Otp register your petition, the judge Llarena will have to decide if dealing with the three or if you waive any of them. The sources consulted indicate that there are ddas in the case of Puig with regard to the crime of embezzlement.