The Appellate Court of Sassari (Sardinia) has ordered the freedom of the former president of the Generalitat Carles Puigdemont without precautionary measures, although he must remain on the island of Sardinia until the Luxembourg court is pronounced, as explained judicial sources.
Puigdemont has declared today by videoconference and tomorrow returns to appear before the judge, who has accepted the request of his legal team, as they wanted to gain time and prepare the appearance better.
The judge considers that the former president must continue on the island, where the last night was stopped at Alghero Airport, and at the disposal of the Court, which must decide whether or not he accepts the Supreme Petition for his delivery. The lawyers of the former president thought that the appearance of him would not be immediate, since they believed that the judges would have to be documented on the decision of the Luxembourg Court. In this sense, the lawyer of former Catalan President, Gonzalo Boye, admits that the crime of sedition is in the Italian Criminal Code, although "I do not know what has to do with Puigdemont."
In addition, he has advanced that he will present before the Luxembourg Court the request for precautionary measures to release the Catalan leader, although the lawyers who attend the former president in Italy want before talking to the Sassari Tribunal, who must decide on If the arrest was adequate. Boye has also claimed that Puigdemont can go to the European Parliament, and leave Italy, because of his condition as a MEP, since next Monday he has to go to the commissions in which he participates. Despite this, the judicial decision is that he remains on the island during the following days before deciding on the extradition of him.
What is clear is that Puigdemont can meet in Italy with all the expedition of the independence parties that make up the Government, with President Pere Aragonès, who will support him Italian Island.
Meanwhile, the Instructor of the Procés, Judge Pablo Llarena, has sent this office on Friday a trade in the representative of Spain in Eurojust to send the European Appellate Court (Italy) the European Detention and Delivery Order delivered on October 14, 2019 against Carles Puigdemont.
In the office, the Supreme Court magistrate explains to the Italian authorities that the order of search and capture carried out by Spain remains "in force" and that the judicial procedure from which the Euroorden is derived "is active and pending the capture of the processes In a situation of rebellion, "in reference to Puigdemont and the former Consellers Toni Comín and Clara PonSati.
In addition, Judge Llarena - who claims former Catalan President for the crimes of sedition and embezzlement of public flows - has sent this Friday the Italian judicial authorities the awardful question posed before the Court of Justice of the European Union (Tjue) when Belgium questioned the competence of the Supreme to judge another of the independence leaders fled, specifically, former Conseller Lluis Puig.
In this regard, the instructor reports that the processing of the aforementioned question "does not modify the situation in which the procedure is currently found, without prejudice to the interpretation that of European law, and on strict Socied issues, perform the Tjue. "
The magistrate also communicates to his Italian colleagues, via Eurojust, which has been requested from the Italian translation of both the OEDE and the preliminary ruling.Updated Date: 24 September 2021, 11:17