The procedure for the return to Madrid of Carles Puigdemont is suspended. A Belgian judge has in fact decided to stop this procedure which he had initiated against the Catalan independence leader, believing that the latter enjoys immunity as a MEP.
Me Simon Bekaert explained that Toni Comin, another independentist who fled to Belgium in 2017 after the attempted secession from Catalonia, was also concerned by the decision of this Brussels investigating judge. Toni Comin was also elected to the European Parliament last May.
The procedure "must be suspended until this immunity is eventually lifted"
This decision, added the lawyer, is a consequence of the judgment rendered on December 19 by the Court of Justice of the EU, which recognized the immunity of MEP from Oriol Junqueras, former number two of the Catalan government , currently imprisoned in Spain.
The Belgian judge considers that, like Oriol Junqueras, MM. Puigdemont and Comin can benefit from their parliamentary immunity. Consequence: the procedure of surrender to Madrid under European arrest warrants "must be suspended until this immunity is possibly lifted" by the European Parliament, at the request of Spain, according to Me Bekaert.
"Today, Belgian justice has once again stopped the attempt to extradite President Puigdemont and the adviser Comin, because they recognize immunity by being only elected members of the European Parliament in the last elections", commented the two Catalans, in a press release.
Messrs. Puigdemont and Comin are part of a trio of independentist leaders currently claimed from Belgium by Spain. But the third, Luis Puig, is not an MEP. All three had fled to Belgium after the aborted attempt to secede from Catalonia in October 2017. Spain, which is in the third request for surrender, wishes to try them for embezzlement of public funds, and MM. Puigdemont and Comin also for sedition.
A hearing in February
The examination of the three arrest warrants by Belgian justice has been set for February 3, before the council chamber of the Dutch-speaking court in Brussels. According to Mr. Bekaert, the hearing should be held but, concerning MM. Puigdemont and Comin, it will be reduced to taking note of the suspension of the procedure. "This is probably what will happen on February 3," he said.
The lawyer explained that Belgian law granted the investigating judge who initiated the proceedings - and not the council chamber ruling on arrest warrants - the right to suspend extradition.
In addition, the investigating judge also decided to lift the judicial supervision which prevented MM. Puigdemont and Comin to leave Belgian territory.
With AFP
Newsletter Don't miss anything from international news
Don't miss anything from international newssubscribe
google-play-badge_FR