“It is an illegal detention; Italy now has a political prisoner because of Spain.” This is how the former Minister of Health and Junts MEP, Toni Comín, described the situation of Carles Puigdemont in Sardinia during a telematic press conference with lawyer Gonzalo Boye. “Last night we talked a lot with him and he is well, in detention, waiting to appear before the judge, who will have to decide whether the arrest is correct,” said his lawyer, Gonzalo Boye. “From there, the Italian justice will have to decide on the Euroorder and, within 72 hours, we will present very precautionary statements before the European Justice.”
The very precautionary measures that Boye is going to present have to do with the ruling of the General Court of the EU of July 30, in which he rejected the precautionary measures requested by Puigdemont against the lifting of immunity by the European Parliament, while giving for suspended the Euroorders because the Supreme Court’s preliminary ruling on the powers of the Belgian Justice to reject the extradition of former Minister Lluís Puig is pending resolution, considering that the Supreme Court is not the right body to take the case.
Thus, the Vice-President of the General Court understood in July that “while the Court of Justice [de la UE] does not rule on the preliminary ruling of Puig Gordi and others, there is nothing to consider that the Belgian judicial authorities or that the authorities of another Member State can execute the European arrest warrants issued against the deputies and hand them over to the Spanish authorities “.
In addition, while the TGUE took it for granted that the independence leaders could not be detained while the Puig case is being resolved, it affirmed before the hypothesis of a situation such as the one that occurred on Thursday night: “The deputies maintain the possibility to file a new claim if, after this order, the alleged damage proves sufficiently probable, in particular if they were detained by an enforcement authority of a Member State or if any action was carried out aimed at delivering them to the Spanish authorities “.
“An arrest has been made based on a Euro order that the issuing state itself has recognized is not active,” Toni Comín said this Friday, referring to the allegations of the State’s legal profession, on behalf of the Kingdom of Spain, before the Court based in Luxembourg: “It is an illegal arrest made by the security forces of an EU Member State for the action contrary to European law of the Spanish State. Once again the European order for an arrest is bypassed. Today Italy he has a political, illegal prisoner, and to denounce this situation we convened by the Consell for the Republic a large demonstration on Sunday at 12.00 in Barcelona, where we will denounce the arrest, demand his immediate release and repeat that we do not surrender. ”
In this sense, Comín has raised a question that sneaks into the dialogue table between the central and Catalan governments: “How can you negotiate with a state that systematically ignores European law. There are legal elements that allow us to defend that it is illegal. The euro order is suspended and we hope that the Italian justice will act in the way that corresponds to it and correct the error induced by the Spanish State. ”
The lawyer for the independence leaders, Gonzalo Boye, explained: “This order is in a suspended procedure, but the Italian police jump an order that is in the system. And they execute it. The Supreme Court has tried to play a card unclear. And the EU Court is going to feel cheated, if it doesn’t already feel cheated, because they lifted the precautionary measures in the belief that we were all acting loyally. ”
“The Supreme Court is going its way and the Kingdom of Spain is going another,” said Boye, who insisted that “a country has only one voice in international law. It cannot be that the legal profession says white and the Supreme Court says black. . It seems clear that the Government does not handle all the data of what happened. Someone has overmotivated the police of Sardinia. It is a kind of deception towards the TGUE implying things that are not “.
Brussels avoids commenting; Italy looks to Luxembourg
The European Commission this Friday avoided ruling on the arrest of Carles Puigdemont in Sardinia. “We have seen the information in the media. I can only say that it is a matter for the judicial authorities and we respect their independence,” replied the spokesman for Justice of the Community Executive, Christian Wigand.
Meanwhile, the Italian Government looks to the European Justice. Vincenzo Amendola, Italian Minister for European Affairs, interviewed by the SkyTG24 radio station, has said: “It is an issue that comes from behind, with the revocation of immunity by the European Parliament, with a judgment of the Luxembourg Court of July 30 that suspended the revocation and other consequent acts. We are waiting for what it decides the local judicial authority “.
For Amendola, “it is an apolitical issue, not a bilateral one” with Spain.