11
   

Catalonia wants out; Spain says no

 
 
oralloy
 
  -1  
Reply Sun 11 Mar, 2018 12:35 am
@Walter Hinteler,
The European Court of Human Rights wrote:
It is impossible to indicate the length of proceedings before the Court. The Court endeavours to deal with cases within three years after they are brought, but the examination of some cases can take longer and some can be processed more rapidly.

Amanda Knox has been waiting four years now.
Walter Hinteler
 
  1  
Reply Sun 11 Mar, 2018 12:45 am
@oralloy,
oralloy wrote:
Amanda Knox has been waiting four years now.
No. See: Knox vs. Italy
oralloy
 
  -1  
Reply Sun 11 Mar, 2018 08:38 am
@Walter Hinteler,
Right at the top:
"introduite le 24 novembre 2013"

Google Translate says:
"introduced on 24 November 2013"

Plus four years would be November 24, 2017.
Walter Hinteler
 
  2  
Reply Sun 11 Mar, 2018 08:56 am
@oralloy,
oralloy wrote:
"introduite le 24 novembre 2013"
Google Translate says:
"introduced on 24 November 2013"
The court started legal proceeding on 24 November 2013 ..
... and had published the above quoted "communiquée" and the questions on April 29, 2016.

Quote:
Chamber
Length of proceedings cases following
delay in payment of “Pinto”
compensation
Around 2,000 cases are pending before the
Court where applicants are complaining
about one or both aspects related to length
and issues linked to the Pinto procedure.
[...]
Amanda Marie Knox v. Italy
(no. 76577/13)
Case communicated to the parties in April 2016
[...]
Source
0 Replies
 
Walter Hinteler
 
  2  
Reply Sun 11 Mar, 2018 09:35 am
Back to the topic:
A fugitive former member of Catalonia's regional government said Saturday that she has moved to Scotland from Belgium, where she had fled from a Spanish court investigation into a secession plot.
Exiled Catalan government minister moves to Scotland after fleeing rebellion and sedition charges in Spain

Professor Clara Ponsati at School of Economics and Finance St. Andrews University
Walter Hinteler
 
  1  
Reply Mon 12 Mar, 2018 12:40 am
@Walter Hinteler,
Tens of thousands of people marched in Barcelona yesterday (Sunday, March 11) to demand the formation of a new government in Spain's Catalonia region leading to its independence from Madrid despite formidable legal obstacles.

Some 45,000 people joined the "Republic Now" march called by the influential pro-independence citizens' group ANC, city police said.

(As already noted above: the debate on the appointment of a new regional president had been set for today but was postponed indefinitely because the sole candidate, former ANC president Jordi Sanchez, is in jail on sedition charges along with three other separatist leaders.)
Walter Hinteler
 
  1  
Reply Thu 22 Mar, 2018 06:33 am
@Walter Hinteler,
Catalan parties propose third potential leader in race against courts
Quote:
Catalan pro-independence parties are launching a third bid to elect a regional president hours before their latest candidate appears before a judge over his part in the push for secession.

MPs will meet at 5pm on Thursday for a hastily convened investiture debate that could result in the election of Jordi Turull, former chief of staff to Carles Puigdemont, the deposed Catalan president.

On Friday morning, Turull is due to attend the supreme court where he and five other separatist leaders will learn what exact charges they face over last year’s unilateral referendum and subsequent declaration of independence.

Turull and the others, who face rebellion charges that carry a maximum 30-year sentence, could be remanded in custody. If charged, Puigdemont’s former aide could be barred from holding office.

Catalonia has been under direct rule from Madrid since the end of October, when Spain’s prime minister, Mariano Rajoy, responded to the unilateral independence declaration by sacking Puigdemont and his government and calling snap elections that where held in December.

The three Catalan pro-independence parties retained their majority but have struggled to elect a president. Puigdemont, who fled to Belgium five months ago and faces immediate arrest should he return to Spain, had hoped to reassume office but abandoned his campaign after a court ruled he would have to attend an investiture debate in person.

Puigdemont anointed Jordi Sànchez, a prominent independence leader and MP from his Together for Catalonia party, as the new candidate. But Spain’s supreme court ruled that Sànchez, who has been in custody since October, could not leave prison to be invested.

On Wednesday, Sànchez withdrew his candidacy and gave up his seat in parliament, saying it was “the best service I can now do for my country”.

Turull described his nomination as “an immense honour”, adding: “If parliament gives me its confidence, I will work ceaselessly for the progress and protection of 7.5 million Catalans, their rights, their freedom and their democratic mandates.”

However, to be elected, he will need the support of the small, anti-capitalist Popular Unity candidacy (CUP), which is pushing for the swift resumption of the independence process.

After the 2015 elections, the CUP refused to support Puigdemont’s predecessor, Artur Mas, arguing he was too mired in corruption allegations. Mas stepped aside, clearing the way for Puigdemont’s presidency.

CUP MPs will meet two hours before the investiture debate to decide whether to back Turull, who was fiercely loyal to Mas.

Roger Torrent, the pro-independence speaker of the Catalan parliament, said he had moved to call the debate so quickly because of the Spanish authorities’ “meddling in our parliament in recent days and weeks”.

The Spanish government, which has repeatedly warned Catalan MPs to choose a “clean candidate”, accused Torrent of damaging the dignity of the regional parliament. It has also warned it could maintain control of Catalonia’s institutions until there is a new government that “abides by the law”.
Walter Hinteler
 
  1  
Reply Thu 22 Mar, 2018 09:43 am
@Walter Hinteler,
The CUP maintains its four abstentions on the appointment of Jordi Turull. This was decided by the anti-capitalist party after an extraordinary political council was held on Thursday afternoon.
The decision, which was adopted after consultation of the bases, was known 20 minutes before the start of the plenary session, which was scheduled for 17:00 h.
Thus it's impossible to move the proposal forward because there isn't a majority for independence.
(Translated from El National Cat)
Walter Hinteler
 
  1  
Reply Fri 23 Mar, 2018 01:16 am
@Walter Hinteler,
The large separatist parties in Catalonia have failed in their attempt to elect former government spokesman Jordi Turull as the new regional president in a hastily convened parliamentary session. The left-wing radical party CUP, on whose four votes the separatist lists JuntsPerCat and ERC are dependent in the Barcelona parliament, decided to abstain before yesterday's vote.

This means that Turull did not achieve the absolute majority required in the first ballot this evening. A second round of voting, in which a simple majority would suffice, would not take place for another 48 hours - but the 51-year-old could already be in prison at that time.
Walter Hinteler
 
  1  
Reply Fri 23 Mar, 2018 07:09 am
@Walter Hinteler,
Spain: Ex-leader denies advising ally to flee
Quote:
MADRID — The Latest on Spain’s confrontation with Catalan separatists (all times local):

12:35 p.m.

Catalonia’s fugitive ex-president says he has not spoken to the latest separatist lawmaker to flee Spain.

Speaking at a press conference at the University of Helsinki on Friday, Carles Puigdemont denied discussing exile with Marta Rovira, who defied a summons to appear in Spanish court hours earlier.

Still, Puigdemont says he fully supports her decision to do so.

Puigdemont, who is himself in self-imposed exile in Belgium, also criticized a Spanish judge’s decision to charge him and other 12 Catalan separatists with rebellion on Friday.

“It is not right for a judge to do politics,” the former leader said just moments after the court ruling.

Puigdemont’s comments come one day after the pro-independence majority of Catalonia’s parliament failed to elect a regional president.
Walter Hinteler
 
  1  
Reply Sat 24 Mar, 2018 02:39 am
@Walter Hinteler,
Spain Catalonia: Clashes after separatist leaders detained
Quote:
Crowds of protesters in Spain's Catalonia region have clashed with police after the Supreme Court stepped up legal action against separatists.

Spain's Supreme Court ruled 25 Catalan leaders should be tried for rebellion, embezzlement or disobeying the state.

Convictions could result in up to 30 years in prison.

More than 20 people were injured as police used riot batons to keep protesters away from federal buildings in Barcelona on Friday night.

Demonstrations also took place in other parts of Catalonia.

In Madrid, a Supreme Court judge ordered five more Catalan leaders to be detained without bail, pending trial over their involvement in October's banned independence referendum.

One of those taken into custody was Jordi Turull who was to be the subject of a vote in the Catalan parliament on Saturday for regional president.

Other separatist figures were already in custody or had gone into exile abroad.
Walter Hinteler
 
  1  
Reply Sat 24 Mar, 2018 07:17 am
@Walter Hinteler,
Quote:
Helsinki (dpa) - During the visit to Finland by former Catalan President Carles Puigdemont, Spain applied for his arrest. The Finnish police reported that the warrant had been forwarded to a public prosecutor, but at the same time more information had been requested from Spain. Puidgemont currently lives in Belgium to avoid arrest by the Spanish judiciary. The 55-year-old was invited to the Finnish Parliament on Thursday and gave a lecture at the University of Helsinki yesterday.
Walter Hinteler
 
  1  
Reply Sat 24 Mar, 2018 12:26 pm
@Walter Hinteler,
Catalan ex-leader Carles Puigdemont evades capture in Finland, heads to Belgium
Quote:
The political conflict between Catalonia and Spain has been reignited, after 13 Catalan leaders were arrested. The ex-Catalan premier was almost detained in Finland, when authorities accepted Spain's warrant against him.

Police authorities in Finland said on Saturday that they would fulfill the European arrest warrant issued by Spain against Carles Puigdemont, but the ex Catalan leader managed to return to Belgium before he could be detained, Finnish MP Mikko Karna confirmed.
Walter Hinteler
 
  1  
Reply Sun 25 Mar, 2018 05:09 am
@Walter Hinteler,
Former Catalan president Carles Puigdemont has been arrested in Germany.

Officers of the Schleswig-Holstein autobahn police had arrested Puigdemont this morning, a spokesman for the State Criminal Police Office said in Kiel.
According to his party, he was stopped at the border when entering from Denmark.
Walter Hinteler
 
  1  
Reply Sun 25 Mar, 2018 09:16 am
@Walter Hinteler,
Neumünster (dpa) - Catalan ex-regional president Carles Puigdemont was taken to the prison in Neumünster after his arrest in Schleswig-Holstein, according to the German Press Agency. A dark van with darkened windows drove to the site shortly after 3 pm on Sunday. There was no official confirmation that Puigdemont was in the car. Schleswig-Holstein's Deputy Attorney General Ralph Döpper did not want to give any information about the whereabouts of the politician for security reasons. Puigdemont was arrested in Germany late this morning after entering Denmark. The arrest is based on a European arrest warrant, police said.
Walter Hinteler
 
  1  
Reply Mon 26 Mar, 2018 01:15 am
@Walter Hinteler,
Protests broke out across the Spanish region of Catalonia on Sunday after former leader Puigdemont was taken into custody here in Germany.
At least 89 people were injured in clashes with police and four arrests were made.

Puigdemont, who is wanted in Spain for sedition and rebellion, was detained by German police acting on a European arrest warrant. He will appear before a judge later today. (Just to approve his identity, I think.)
Walter Hinteler
 
  1  
Reply Mon 26 Mar, 2018 01:28 am
@Walter Hinteler,
Quote:
Puigdemont had covered 808 miles (1,300km) of the 1,243-mile car journey from Helsinki to Brussels when he was stopped at 11.19am, apparently at a petrol station near Schuby on the A7 motorway, 31 miles into German territory, according to his lawyer, Jaume Alonso-Cuevillas.

According to German media reports, the arrest was made following a tip-off from Spain’s intelligence agency to German federal police’s Sirene bureau, part of a network of information-sharing units for national police in the Schengen area.
[...]
uigdemont was transferred to Neumünster prison in northern Schlewig-Holstein on Sunday afternoon. Citing “rumours within judicial circles”, the local newspaper Kieler Nachrichten reported that Puigdemont was considering applying for asylum in Germany. The paper added that the chances of an asylum application overriding the European arrest warrant were relatively slim.

According to the rules of the warrant, Germany has up to 60 days to decide whether to extradite him to Spain. If Puigdemont surrenders to be prosecuted, the decision must be made within 10 days.

The international warrant, originally issued in November, was rescinded in December amid Spanish concerns that Belgium would not extradite Puigdemont for the more serious charges against him as they are not on the Belgian statute books.
[...]
Germany can extradite suspects only if the alleged offence is also punishable under German law. There is no such crime as rebellion under German law, but there is a crime of high treason, defined as using force or the threat of force to undermine the constitutional order.

The Catalan unilateral declaration of independence was entirely peaceful, if unlawful, although Spanish authorities may argue there was an implicit threat of force. The crime of sedition was dropped from German law in the 1970s.

Arrest warrants were also reactivated on Friday for Lluís Puig, Meritxell Serret and Toni Comín, who are all in Belgium, and Clara Ponsatí, who is in Scotland teaching at the University of St Andrews. Authorities in Scotland confirmed they had received the warrant, and Ponsatí was said to be negotiating to turn herself in to police.

Warrants were also issued for the arrest of Marta Rovira, the secretary general of the secessionist Republican Left party, and Anna Gabriel, of the radical Popular Unity Candidacy, both of whom have sought refuge in Switzerland.
Source
Walter Hinteler
 
  1  
Reply Mon 26 Mar, 2018 02:33 am
@Walter Hinteler,
Some legal information (my opinion, which, however, coincides with that of many real criminal experts)

In the case of the European arrest warrant, our local judicial authorities (here: the Schleswig-Holstein state's General Attorney) only check whether the formal requirements are fulfilled, whether the offence in question is also punishable in our country and whether the requested person would be charged with it. It is not examined whether the act is actually punishable under Spanish law. That will be decided by Spanish justice, unless it withdraws the warrant.
In our criminal code there is section 81, "High treason against the Federation". This is similar to the "Rebelión" under Spanish law. The German judicial authorities will compare the two paragraphs exactly. If they conclude it's the same thing, they'll extradite Puigdemont for that too.

However, Puigdemont never called for violence. In this case, Puigdemont could only likely to be tried in Spain for embezzlement of public funds.

The final outcome of the Prosecutor General's investigation will be "exciting" - and will certainly generate new protests and emonstrations, either here or in Spain. And in Catalonia.
Walter Hinteler
 
  1  
Reply Mon 26 Mar, 2018 06:06 am
@Walter Hinteler,
Former Catalan president Puigdemont, who has been arrested, will probably not be brought before the responsible district court in Neumünster until Monday afternoon. A spokeswoman of the General Public Prosecutor's office siad this today in Schleswig.

However, she did not expect Puigdemonts extradition to be decided this week. This would be rather unlikely in view of the Easter holidays.
There is a period of 60 days within which an arrested person may remain in custody in the event of an extradition question. According to the spokesperson, however, this is a target deadline. There were many extradition proceedings that lasted longer.
Walter Hinteler
 
  1  
Reply Mon 26 Mar, 2018 06:18 am
@Walter Hinteler,
A Catalan senior academic at the University of St Andrews who faces extradition to Spain for alleged sedition is expected to hand herself in to Scottish police.
Prof Clara Ponsatí, an economist, was named in a European arrest warrant issued by Spain’s supreme court on Friday after she took part in the controversial last year.
 

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