Reminds Italy of the European regulations that allow it to communicate to the enforcement court that an OED weighs against someone wanted
The judge of the Supreme Court (TS) Pablo Llarena issued an order this Monday informing the Sassari Court of Appeal that the arrest and surrender orders (OEDE) against former councilors Clara Ponsatí and Antoni Comín are still in force. The judge thus also demands the extradition of both when learning through the media that they have traveled to Sardinia to accompany the former president Carles Puigdemont in the hearing that is held today.
In the ruling, dated this Monday, the investigating judge of the special cause of the ‘procés’ indicates that he has learned “through the media” that both could have gone to Sardinia “on the occasion of the judicial act for which Carles Puigdemont was mentioned ».
The magistrate orders that this circumstance be communicated to the Court of Appeal of Sassari (Italy) through the representative of Spain in Eurojust, José de la Mata, and emphasizes that the EDBs issued against both in the special case “is similar to the one that is he communicated “to that court on the occasion of the arrest of Puigdemont at the airport on Thursday 23 September.
Llarena specifies that since he does not officially know if both councilors are really in Italy, he communicates it “for the appropriate purposes” so that he “proceeds as agreed” in the terms of article 9.1 of the Framework Decision 2002/584 / JHA relative to the European arrest warrant and the surrender procedures between member states.
This article states that “when the whereabouts of the wanted person is known, the issuing judicial authority may communicate the European arrest warrant directly to the executing judicial authority.”
On September 30, the magistrate sent a letter to the Court of Appeal of Sassari (Italy) in which he stated that the euro order against the former president of the Generalitat Puigdemont is in force and that it has not been suspended due to the presentation of the preliminary question, for which urged that they hand over Puigdemont to the Spanish judicial authorities.
It should be remembered that both councilors had their immunity as MEPs withdrawn at the same time as Puigdemont. Regarding Ponsatí, the Scottish justice decided in August to abandon the extradition process to Spain as it did not consider itself competent after the change of residence of the former councilor to Belgium.
Regarding Comín, in March of this year the Plenary of the Constitutional Court (TC) unanimously rejected the appeal for amparo presented by the ex-minister against the files of Llarena and the Criminal Chamber of the Supreme Court (TS) in which it was agreed his prosecution for the independence referendum of 1-O.
Identified in Italy
Both are claimed by the Spanish justice for the crimes of sedition, to which the embezzlement is added for Comín. The Italian police identified the former councilors after their arrival in Sardinia to accompany the former president of the Generalitat Carles Puigdemont on view for his extradition in Sassari (Italy).
Sources close to the Consell for the Republic have explained to Europa Press that Comín was identified on Sunday when he arrived at the airport, while the arrival of Ponsatí was not reported to the police. As published by ‘El Món’ and the aforementioned sources have confirmed to Europa Press, Ponsatí has been identified at dawn this Monday at her hotel.
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