The Magistrate of the Supreme Court Pablo Llarena has sent on Thursday a trade to the representative of Spain in Eurojust for the Sassari Court of Appeal (Italy) in which the provisional prison of the former president of the Generalitat Carlos Puigdemont and with
The one that supported the Euroorden issued on October 14, 2019 against it for crimes of sedition and embezzlement of public flows.
In the document, the Instructor Judge of the Process of Procedés expands the information regarding the Puigdemont Application Request Record, emphasizing that the fugitive is currently lacking at parliamentary immunity, in addition to the fact that the Euroorden is still valid and that has not been suspended by the
Approach of the question prejudicial before the Court of Justice of the European Union.
The letter concludes by requesting the Italian judicial authority of the immediate delivery of the detainee to the Spanish jurisdiction, in order to continue processing the opened procedure by the illegal referendum of 1-O.
Subsidiarily, for the assumption that Carles Puigdemont returned to the precautionary recovery of his immunity as Europariamen and assuming that he was granted to him-degentence that at the moment has not occurred -, Judge Llarena requests
The Italian judicial authority that suspends the processing of the delivery process now initiated, but adopting the necessary measures to ensure that the necessary material conditions are continued for an effective delivery when Carles Puigdemont has stopped enjoying the privilege or immunity (article 20 of the
Framework decision).
For the opposite case, that is, in the event that the removal of the immunity is currently prevailing is maintained, and only for the fact that the Italian court understood that the response to the preliminary ruling can condition its decision, the instructor points out the
Possibility that the Italian judicial authority parapets the execution procedure until the TJUE pronounces, underlining that this is the position that Belgium has followed.
In writing, Judge Llarena explains that “in the proceeding before the TGue, it seems to be collected in the resolution, the state advocacy of Spain informed the court that the Euro-orders issued by this instructor were suspended. As has been said,
that is not like that”.
The magistrate of the Supreme emphasizes that “the decision to suspend a precautionary measure that was executive since 2019” and adds that “it is a decision of this instructor and has never been adopted.”
The judge, visibly annoyed with the positioning of the State Lawyer, argues that this situation – which Euróordenes were active – “would not be unknown to the State’s advocacy, since it is a party to the criminal proceeding that is followed before the Supreme Court of
Spain”.
“He has never been notified to the State Advocacy A possible decision to suspend the OEDs, nor, the State’s advocacy has promoted that such decision occurs. This information mismatch could explain the incorrectness that on the validity of the OEDs appears in
A part of the TGue resolution of July 30, by not having been able to contribute for the resolution the information from the judicial authority to which it corresponds to decide on the subsistence of the precautionary measures. ”
In addition, in the trade, Pablo Llarena makes clear to the Italian judge that “State’s advocacy is a non-judicial body that depends on the Ministry of Justice.”
“The Euroorden against Carles Puigdemont is active by decision of this instructor, who is the one who has the competition for it,” concludes the magistrate.
In the office referred to the Italian judicial authorities, the 1-or instructor indicates that Puigdemont was accredited as a member of the European Parliament on January 6, 2020, acquiring the immunity and the rest of privileges established in Article 9 of the Union Protocol.
.
On January 10, Judge Llarena requested the European Parliament to suspend the immunity of said person.
During the parliamentary processing of that request, given that Puigdemont held immunity, the Belgian judicial authority was communicated to the privilege situation, suspending the procedure for the execution of the Euroorden in the terms imposed by art.
20 of the Framework Decision.
On March 8, the European Parliament suspended the immunity of the fugitive and, once communicated the decision to Judge Llarena, he informed the Belgian execution authority of the withdrawal of immunity, in order to resume a suspended delivery procedure by
This cause.
This decision of the Eurocámara was appealed by Puigdemont before the TGue.
