The judge of the Supreme Court, Pablo Llarena, has again addressed the Italian judges to demand the delivery of Carles puigdemont. The investigating magistrate of the procés case has sent additional information several days after his arrest at the Sardinian airport and insists that the European arrest warrant that weighs on him I was not suspended due to the existence of a preliminary question pending resolution.
Llarena informs the Italian court that the process against Puigdemont is not paralyzed
Llarena recalls that he has never stopped this arrest warrant. “After the presentation of the Prejudicial Issue, this investigating magistrate, in exercise of the jurisdictional power contained in Recommendation 25, has not issued any decision that modifies or suspends the precautionary measure,” he recalls in this communication. He also understands that the Catalan former president is not protected by any parliamentary immunity: “The European Parliament withdrew Carles Puigdemont’s immunity by decision of March 8, 2021,” he recalls.
Carles puigdemont He was arrested last week at the Italian airport in Sardinia from Belgium. The Italian court in charge of his case decided to release him without precautionary measures and to summon him again to appear on 4 October. Meanwhile, the former identity has been able to leave Italy to go to the European Parliament without any restrictions.
Judge Llarena has already communicated In the past week to his Sardinian counterparts that he believed that the European arrest warrant was still in force and that Puigdemont’s extradition process should continue. This Thursday he expanded the information submitted and insisted on this idea: what is suspended is his parliamentary immunity and not the arrest warrant, despite the preliminary question presented by himself.
In this way, in a five-page document, Llarena demands that the Italian judicial authority “agree to the surrender of the detainee to the Spanish jurisdiction.” But it leaves the door open that the General Court of the Union ends up giving the reason to the former president, and in that case asks that “the processing of the execution process be suspended” and adopt precautions against him. He asks that the same be done if the Italian judges understand that the question referred for a preliminary ruling affects their decision.
The State Bar
Judge Llarena also pronounces on one of the main allegations of Puigdemont’s defense: that the State Attorney itself, on behalf of Spain, has recognized throughout the process that the European arrest warrants were suspended. Llarena replies that “that is not so” and that he is the only one who can declare those orders suspended, something that he has not done.
The letter includes reproaches in this regard for the State Bar. “This situation would not be unknown to the State Bar, as it is part of the criminal procedure that is followed before the Supreme Court of Spain.” Furthermore, he says, “the State Attorney has never been notified of a possible decision to suspend the OEDs, nor has the State Attorney promoted such a decision to take place” and attributes all this to an “information mismatch” that ” could explain the incorrectness. ”