Former Catalan President Carles Puigdemont called on Spain to abandon its attempts to prosecute separatist leaders as he left a German prison on Friday, urging Madrid to enter into dialogue with them.

Puigdemont, granted bail after German judges ruled he could not be extradited on charges of "rebellion" brought by Spain, thanked prison staff as he emerged to cheers and people waving Catalan flags.

He called for "the immediate release of all my colleagues in Spanish prisons."

"It is a shame for Europe to have political prisoners," Puigdemont said. "Finally the time for dialogue has arrived."

Judges on Thursday rejected Spain's request to have him extradited to face the rebellion charges for having organised a referendum on Catalan independence that Madrid viewed as illegitimate.

They set bail at 75,000 euros ($117,000), saying that Puigdemont, who fled Spain five months ago after Spanish Prime Minister Mariano Rajoy dismissed his regional administration, did not pose a serious flight risk.

Puigdemont's German lawyer, Wolfgang Schomburg, said he would continue the legal battle to have judges also rule out his extradition on a lesser charge of embezzlement of public money.

Since Spain has said it will respect the German court's ruling, extradition from Germany on the lesser charge would effectively grant Puigdemont immunity from the rebellion charges, which can bring up to 25 years in prison.

But a return to Spain under any other circumstances might not do so.

Earlier, the German Foreign Ministry urged Catalan lawmakers to form a new regional government as soon as possible, saying this was a precondition for making progress on a political settlement to the stand-off with Madrid.</s>Spain's public prosecutor's office said Friday that it may appeal a German court's decision to reject the extradition of Catalonia's ousted separatist leader Carles Puigdemont to the European Court of Justice.

[MADRID] Spain's public prosecutor's office said Friday that it may appeal a German court's decision to reject the extradition of Catalonia's ousted separatist leader Carles Puigdemont to the European Court of Justice.

The German court had issued the preliminary ruling on Thursday, refusing Spain's request to send Mr Puigdemont back to be judged for rebellion over his role in the region's failed secession bid last October.

But in a rare statement on a foreign court's decision, the Spanish office said it was "certain" that the German court's final ruling will respect the principle of "mutual recognition" of judicial decisions that is inherent in the European arrest warrant system.

"In any case, the prosecutor's office will study the possibility of exercising the relevant actions to protect and defend the European legal order... before the European Court of Justice," it added.

Based in Luxembourg, the European Court of Justice enforces the law of the 28-nation European Union.

The German court ruled that rebellion was not punishable under German law, and the closest equivalent, high treason, did not apply because Puigdemont's actions were not accompanied by violence.

But the court is still to decide whether to send the former Catalan president to Spain to face trial for alleged misuse of public funds.

Even if he is extradited on the lesser charge, the German court's refusal to accept the rebellion charge means under European law Puigdemont cannot be prosecuted in Spain for the offence, which several Spanish law professors and rights groups have called extreme.

A senior judge close to the case told AFP before the statement was released that a "protest note" was being prepared in response to the German court's decision.

The court was "undermining European judicial cooperation", the judge said, adding that it was up to Spain's Supreme Court "to interpret the concept of violence" in this case.

The Supreme Court also said in a statement that its judge Pablo Llarena, who is in charge of investigating the role played by Catalonia's separatist leaders, was considering consulting the European Court of Justice on the procedure for extradition among EU member states.

Mr Puigdemont walked out of a German prison on Friday following the ruling, calling for "political dialogue" with Madrid to resolve the row over the region's independence bid.</s>Catalonia’s former leader Carles Puigdemont talks to the media as he leaves the prison in Neumuenster April 6, 2018. — Reuters picBERLIN, April 6 — Ousted Catalan leader Carles Puigdemont called for immediate “political dialogue” to end the row with Madrid as he left a German jail on bail today after judges rejected his extradition to Spain on a rebellion charge.

“The time for dialogue has arrived,” Puigdemont told reporters outside the Neumuenster prison, after he walked free on a €75,000 (RM355,136) bail while judges mull whether to extradite him on a lesser charge of corruption.

“We have demanded dialogue for several years and we have only received violence and repression,” Puigdemont said.

“There is no excuse for the Spanish authorities to start a political dialogue with the Catalan political leaders.”

The 55-year-old also called for “the immediate release of all of my (Catalan) colleagues”, who consider themselves political prisoners in the spat with Madrid over the wealthy northeastern region’s failed breakaway bid.

In a major victory for Puigdemont, the upper state court in Schleswig-Holstein on Thursday dismissed Spain’s request to extradite Puigdemont on a rebellion charge over last October’s independence referendum, deemed illegal by Madrid.

The judges ruled that the charge was “inadmissable” because rebellion — which carries a maximum sentence of 30 years in Spain — was not punishable under German law.

The closest German equivalent, the criminal offence of high treason, did not apply because Puigdemont’s actions were not accompanied by violence, the judges found, exposing a difference in opinion with Spanish judges.

But they said the former Catalan president could still be sent to Spain to face trial for the misuse of public funds to organise the disputed referendum.

The German judges said they needed to gather more information before making a decision on the embezzlement charge, but ruled that Puigdemont could be released in the meantime.

Madrid has estimated the cost of staging the referendum at 1.6 million euros. If convicted, Puigdemont could face up to eight years in jail.

As part of his bail conditions, Puigdemont must remain in Germany, report to police weekly and respond to summons from prosecutors or the court.

German police detained Puigdemont on March 25 as he was travelling from Finland back to Belgium, where he has been living in self-imposed exile for the past six months.

The arrest came two days after Spain’s Supreme Court ordered international warrants for Puigdemont and other fugitive Catalan leaders on charges linked to holding the banned referendum.

The German court’s refusal to accept the rebellion charge is a blow to Madrid, as under European law it means Puigdemont cannot be prosecuted for the offence even if he is returned to Spain.

Despite the setback, the Spanish government said it “respected” the German judges’ decision.

Berlin, which has long expressed support for Madrid’s actions in the Catalan row, declined to comment on the latest judicial developments.

“The process lies in the hands of the justice system, as is right,” said German government spokeswoman Ulrike Demmer.

“The government remains convinced the Catalan conflict has to be resolved within the Spanish legal and constitutional order,” she added.

Catalonia has been mired in political crisis ever since the unilaterally declared independence on October 27 in the wake of the controversial referendum.

Prime Minister Mariano Rajoy’s conservative government responded by sacking the Catalan government, taking direct control of the region and calling early elections.

The December vote was won by a block of separatist parties. But they have been unable to elect a president and form a government as their chosen candidates are now either in exile, in jail or facing prosecution.

Fresh regional elections will be triggered if a new leader is not elected by May 22.

Puigdemont was one of a number of Catalan figureheads who fled abroad to escape prosecution, dragging other European countries into the row.

A Belgian judge on Thursday bailed three former Catalan ministers who fled to Belgium with Puigdemont after they handed themselves in to police there.

Spain wants the trio — Meritxell Serret, Antoni Comin, Lluis Puig — to face charges of rebellion, misuse of public funds and disobeying the state.

Another former Catalan minister, Clara Ponsati, was bailed in Scotland last week.

Nine other pro-independence figures are currently in custody in Spain, including six members of Puigdemont’s Catalan government and the former president of the regional parliament.

A major demonstration calling for imprisoned separatist leaders to be freed is planned for April 15 in Barcelona. — AFP</s>Madrid (AFP) - Spain's public prosecutor's office said Friday that it may appeal a German court's decision to reject the extradition of Catalonia's ousted separatist leader Carles Puigdemont to the European Court of Justice.

The German court had issued the preliminary ruling on Thursday, refusing Spain's request to send Puigdemont back to be judged for rebellion over his role in the region's failed secession bid last October.

But in a rare statement on a foreign court's decision, the Spanish office said it was "certain" that the German court's final ruling will respect the principle of "mutual recognition" of judicial decisions that is inherent in the European arrest warrant system.

"In any case, the prosecutor's office will study the possibility of exercising the relevant actions to protect and defend the European legal order... before the European Court of Justice," it added.

Based in Luxembourg, the European Court of Justice enforces the law of the 28-nation European Union.

The German court ruled that rebellion was not punishable under German law, and the closest equivalent, high treason, did not apply because Puigdemont's actions were not accompanied by violence.

But the court is still to decide whether to send the former Catalan president to Spain to face trial for alleged misuse of public funds.

Even if he is extradited on the lesser charge, the German court's refusal to accept the rebellion charge means under European law Puigdemont cannot be prosecuted in Spain for the offence, which several Spanish law professors and rights groups have called extreme.

A senior judge close to the case told AFP before the statement was released that a "protest note" was being prepared in response to the German court's decision.

The court was "undermining European judicial cooperation", the judge said, adding that it was up to Spain's Supreme Court "to interpret the concept of violence" in this case.

The Supreme Court also said in a statement that its judge Pablo Llarena, who is in charge of investigating the role played by Catalonia's separatist leaders, was considering consulting the European Court of Justice on the procedure for extradition among EU member states.

Puigdemont walked out of a German prison on Friday following the ruling, calling for "political dialogue" with Madrid to resolve the row over the region's independence bid.</s>BERLIN (REUTERS) - Former Catalan President Carles Puigdemont called on Spain to abandon its attempts to prosecute separatist leaders after leaving a German prison on Friday (April 6), urging Madrid to enter into dialogue with them.

Puigdemont, who was granted bail after German judges ruled he could not be extradited on rebellion charges brought by Spain, thanked prison staff as he emerged to cheers and people waving Catalan flags.

"I claim for the immediate release of all my colleagues in Spanish prisons," he said. "It is a shame for Europe to have political prisoners. Finally the time for dialogue has arrived." Puigdemont's German lawyer, Wolfgang Schomburg, said he would continue the legal battle to have judges also rule out his extradition on the lesser charges of embezzlement.

Spain's Supreme Court says it is considering consulting the European Court of Justice on the German court's decision to reject Puigdemont's extradition.</s>"The time for dialogue has arrived," Puigdemont told reporters outside the Neumuenster prison, after he walked free on a €75,000 ($92,000-) bail while judges mull whether to extradite him on a lesser charge of corruption.

"We have demanded dialogue for several years and we have only received violence and repression," Puigdemont said.

"There is no excuse for the Spanish authorities to start a political dialogue with the Catalan political leaders."

The 55-year-old also called for "the immediate release of all of my (Catalan) colleagues", who consider themselves political prisoners in the spat with Madrid over the wealthy northeastern region's failed breakaway bid.

In a major victory for Puigdemont, the upper state court in Schleswig-Holstein on Thursday dismissed Spain's request to extradite Puigdemont on a rebellion charge over last October's independence referendum, deemed illegal by Madrid.

The judges ruled that the charge was "inadmissable" because rebellion -- which carries a maximum sentence of 30 years in Spain -- was not punishable under German law.

The closest German equivalent, the criminal offence of high treason, did not apply because Puigdemont's actions were not accompanied by violence, the judges found, exposing a difference in opinion with Spanish judges.

But they said the former Catalan president could still be sent to Spain to face trial for the misuse of public funds to organise the disputed referendum.

The German judges said they needed to gather more information before making a decision on the embezzlement charge, but ruled that Puigdemont could be released in the meantime.

Madrid has estimated the cost of staging the referendum at €1.6 million.

If convicted, Puigdemont could face up to eight years in jail. As part of his bail conditions, Puigdemont must remain in Germany, report to police weekly and respond to summons from prosecutors or the court.

German police detained Puigdemont on March 25 as he was travelling from Finland back to Belgium, where he has been living in self-imposed exile for the past six months.

The arrest came two days after Spain's Supreme Court ordered international warrants for Puigdemont and other fugitive Catalan leaders on charges linked to holding the banned referendum.

The German court's refusal to accept the rebellion charge is a blow to Madrid, as under European law it means Puigdemont cannot be prosecuted for the offence even if he is returned to Spain.

Despite the setback, the Spanish government said it "respected" the German judges' decision.

Berlin, which has long expressed support for Madrid's actions in the Catalan row, declined to comment on the latest judicial developments.

"The process lies in the hands of the justice system, as is right," said German government spokeswoman Ulrike Demmer.

"The government remains convinced the Catalan conflict has to be resolved within the Spanish legal and constitutional order," she added.

Catalonia has been mired in political crisis ever since the unilaterally declared independence on October 27th in the wake of the controversial referendum.

Prime Minister Mariano Rajoy's conservative government responded by sacking the Catalan government, taking direct control of the region and calling early elections.

The December vote was won by a block of separatist parties. But they have been unable to elect a president and form a government as their chosen candidates are now either in exile, in jail or facing prosecution.

Fresh regional elections will be triggered if a new leader is not elected by May 22nd.

Puigdemont was one of a number of Catalan figureheads who fled abroad to escape prosecution, dragging other European countries into the row.

A Belgian judge on Thursday bailed three former Catalan ministers who fled to Belgium with Puigdemont after they handed themselves in to police there.

Spain wants the trio -- Meritxell Serret, Antoni Comin, Lluis Puig -- to face charges of rebellion, misuse of public funds and disobeying the state.

Another former Catalan minister, Clara Ponsati, was bailed in Scotland last week.

Nine other pro-independence figures are currently in custody in Spain, including six members of Puigdemont's Catalan government and the former president of the regional parliament.

A major demonstration calling for imprisoned separatist leaders to be freed is planned for April 15th in Barcelona.</s>Fugitive former Catalan leader Carles Puigdemont has made a renewed call for Spanish authorities to open negotiations over Catalonia's secession claim, a day after he was released from a German prison.

Mr Puigdemont told reporters he hoped a German court's decision not to extradite him to Spain on charges of rebellion shows that "dialogue is needed" to defuse the political conflict in his home country.

"I hope the situation could help ... Spanish authorities understand that political measures are needed," Mr Puigdemont said at a press conference in Berlin. "This opens a new opportunity of dialogue."

The former leader left a German prison in Neumuenster on bail on Friday, almost two weeks after his arrest, after the Schwesig state court in Germany decided the charge of rebellion did not warrant extradition because the accusation is not punishable under German law.

Mr Puigdemont can still be extradited on the less serious charge of misuse of funds to hold Catalonia's banned independence referendum last year.

German justice minister Katarina Barley applauded the court's decision to free Mr Puigdemont on bail as "absolutely right" and what she had expected.

Ms Barley said it was now up to Spain to prove the other charges against Mr Puigdemont, which she said "won't be easy".

She said that if Spain could not prove the allegations of misuse of public funds, "then Mr Puigdemont will be a free man in a free country - namely in Germany".

Misuse of public funds carries a sentence of up to eight years in Spain, while a rebellion sentence can reach 30 years.

Spanish Prime Minister Mariano Rajoy, speaking in the southern Spanish city of Seville, said his government respects the decision by the German court.

He said his government "upholds and abides by" rulings by courts in Spain and elsewhere.

Mr Rajoy's position was not shared by the leading politician of his conservative Popular Party in Catalonia.

Xavier Garcia-Albiol said the decision not to extradite Mr Puigdemont could hurt the "confidence" Spaniards have in "European institutions".

Carles Puigdemont holds a bunch of flowers as he and supporters sing after a news conference in Berlin today. Photo: AP Photo/Michael Sohn.

Mr Puigdemont, 55, told reporters he would stay in Berlin until his extradition case is concluded.

If he is not sent back to Spain, he said he plans to return to Belgium, where he has established residency in Waterloo since fleeing from Spain in October.

The former Catalan leader was detained on a European arrest warrant after entering Germany on March 25th.

The issue of breaking century-old ties with the rest of Spain has divided the 7.5 million residents of the wealthy Catalonia region roughly in half.

Pro-independence parties managed to maintain their slim majority in the regional parliament during local elections in December.

The pro-independence parties have since been locked in drawn-out negotiations on how to form a government, with Spanish courts blocking efforts to reinstall Mr Puigdemont or elect other jailed separatists as regional head.

On Saturday, the speaker of Catalonia's regional parliament again proposed that jailed separatist activist Jordi Sanchez be elected as the new Catalan leader.

Mr Puigdemont also said on Saturday that he was backing a second attempt to elect Sanchez, who failed last month to convince a judge to let him out of jail to attend an investiture debate in the Barcelona-based chamber.</s>BERLIN, April 6 (Reuters) - Former Catalan President Carles Puigdemont called on Spain to abandon its attempts to prosecute separatist leaders as he left a German prison on Friday, urging Madrid to enter into dialogue with them.

Puigdemont, granted bail after German judges ruled he could not be extradited on charges of "rebellion" brought by Spain, thanked prison staff as he emerged to cheers and people waving Catalan flags.

He called for "the immediate release of all my colleagues in Spanish prisons".

"It is a shame for Europe to have political prisoners," Puigdemont said. "Finally the time for dialogue has arrived."

Judges on Thursday rejected Spain's request to have him extradited to face the rebellion charges for having organised a referendum on Catalan independence that Madrid viewed as illegitimate.

They set bail at 75,000 euros ($92,000), saying that Puigdemont, who fled Spain five months ago after Spanish Prime Minister Mariano Rajoy dismissed his regional administration, did not pose a serious flight risk.

Puigdemont's German lawyer, Wolfgang Schomburg, said he would continue the legal battle to have judges also rule out his extradition on a lesser charge of embezzlement of public money.

Since Spain has said it will respect the German court's ruling, extradition from Germany on the lesser charge would effectively grant Puigdemont immunity from the rebellion charges, which can bring up to 25 years in prison.

But a return to Spain under any other circumstances might not do so.

Earlier, the German foreign ministry urged Catalan lawmakers to form a new regional government as soon as possible, saying this was a precondition for making progress on a political settlement to the stand-off with Madrid. (Reporting by Thomas Escritt; Editing by Maria Sheahan and Andrew Roche)</s>MADRID — The thorn in Spanish Prime Minister Mariano Rajoy’s side is back.

Former Catalan leader Carles Puigdemont wasted no time restarting his campaign against Madrid on Friday after he was released on bail from prison in Germany, where he had been detained pending a decision on an extradition request from Spain.

Speaking at the gates of the Neumünster prison, Puigdemont called for all Catalan “political prisoners” to be released and demanded that the Spanish authorities engage in “political dialogue” with Catalan leaders.

“This is not a domestic issue,” he told reporters.

“It’s a shame for Europe to still have political prisoners,” he added, criticizing the Spanish authorities’ “violent and repressive response” to the Catalan independence push.

Spain’s Supreme Court had issued a European Arrest Warrant against Puigdemont on charges of rebellion and misuse of public funds as part of an investigation into last year’s secession attempt in the region, which led to the Catalan leader’s arrest in Germany last month. In total, 25 Catalan leaders have been indicted in the case.

The state court in Schleswig-Holstein, Germany, ruled Thursday that Puigdemont couldn’t be extradited on the charge of rebellion because the equivalent charge in German law requires evidence of sufficient violence to bend the will of authorities, which it said “is not the case here.”

The court said it will continue to examine the other charge levied against Puigdemont by Spanish authorities — misuse of public funds — and ordered Puigdemont remain in Germany and appear weekly before the police pending a final decision.

Supporters of independence in Catalonia reacted with euphoria to the decision, which they took as proof that Spain’s criminal prosecution against Catalan leaders is politically motivated and that Rajoy’s strategy on the Catalan issue is doomed to fail.

Spain’s government speaker Ínigo Méndez de Vigo on Friday said Madrid “respects and obeys judicial decisions.” He also pointed out that the German court had made it clear that it didn’t consider Puigdemont was being prosecuted for his political beliefs.

“This is an issue between judges, it’s not an issue between governments,” he added. “We must wait until the proceedings are over.”

Yet most analysts in Catalonia and the rest of Spain — including union supporters — interpreted the decision as a blow to the country’s judiciary and the government. “We’re witnessing the limitations of a judicial-only strategy to address a political crisis,” Socialist opposition leader Pedro Sánchez said in a TV interview.

If the German court goes ahead with the extradition, that would mean Puigdemont could only face trial in Spain on the charge of misuse of public funds. A speaker of the Spanish Supreme Court on Friday said they hadn’t received an official communication from the German court yet and would not comment on potential courses of action.

Puigdemont’s release also has big implications for the current political deadlock in Catalonia.

Judicial obstacles and in-fighting among the three pro-independence political forces that control the absolute majority in the regional parliament have derailed all three attempts to elect a new leader so far.

Puigdemont has been a big advocate of testing the patience of the Spanish government with candidates with judicial problems, including himself, rather than settling for a “clean candidate,” as Madrid has repeatedly demanded.

CLARIFICATION: This story has been updated to clarify the charge of rebellion in German law.</s>Ex-Catalan leader Carles Puigdemont has said he does not see independence as the only solution to the political stand-off with Spain.

At a packed press conference in Berlin on Saturday, Mr Puigdemont called for an international intervention to resolve the conflict that saw him imprisoned for almost two weeks until Friday.

“I think the country needs someone who can act as a mediator,” he said. “Today we are demanding that the Spanish government takes a new position.”

He accused Madrid of having an “anti-European position” and of abusing the “right to political participation” of himself and his campaigners, many now imprisoned in Spain.

Five months after fleeing to Belgium, the 55-year-old said he would make a new base for now in the German capital until a court decides on a Spanish arrest warrant against him.

Asked if independence was the only solution for the conflict between Catalonia and the Spanish government, he said: “No.”

Instead he called on Madrid to reconsider his offer of dialogue, after German authorities dismissed two of the three grounds for their European Arrest Warrant (EWA) against him

“I hope the situation could help ... Spanish authorities understand that political measures are needed,” said Mr Puigdemont. “This opens a new opportunity of dialogue.”

Mr Puigdemont said he was “shocked” when he was detained by German Autobahn police almost two weeks ago after crossing the border from Denmark on his way back to Berlin from Finland.

He was held on remand in a prison in Neumünster, an hour north of Hamburg, where he was treated “very well, professionally”.

“The days were very intense,” he said.

On Thursday evening judges in the northern city of Schleswig ruled Mr Puigdemont could be released on bail of €75,000 after they dismissed the more serious charge of rebellion against him.

He still faces a charge of misuse of public funds to finance last October’s banned independence referendum, which Madrid views as illegal.

The Catalan politician is not permitted to leave Germany until the Schleswig court rules on whether to proceed with the European Arrest Warrant (EWA) against him. He also has to report weekly to police in Neumünster and inform them of his place of residence.

For now that is to be Berlin, he said, “one of the most interesting cities in Europe”.

If not returned to Spain, he hopes to return to Waterloo in Belgium where he has lived in self-imposed exile since last October. “I would like to return to a normal life,” he said.

At the same time he insisted he would not give in to Spanish efforts to silence him, and called for the release of fellow Catalan independence campaigners.

“It is my duty to travel around Europe to explain what happened, what is going on in Catalonia and in Spain,” he said. “We cannot implement the will of the people because the Spanish government hinders us.”

In October’s vote, 92 per cent were in favour of independence from Spain, on a turnout of 43 per cent.

Even if Mr Puigdemont is returned to Spain on the arrest warrant’s corruption charge, he can no longer be prosecuted on the sedition or rebellion charges struck out by German authorities.

Spanish prime minister Mariano Rajoy said on Saturday he would respect the ruling of the German court.

“I have always said, and I repeat here, that judicial rulings are to be respected and followed,” he said at a conference of his conservative People’s Party in Seville.
Puigdemont calls for the opening of dialogue with Spain.