A German court on Thursday refused Spain’s request to extradite Catalan ex-leader Carles Puigdemont on a rebellion charge following his arrest in Germany last month, ordering his release on bail pending a hearing on a lesser charge.

In a heavy blow for Madrid, judges at the upper state court in Schleswig-Holstein “believe that in regard to the allegation of rebellion, extradition is illegal” as Puigdemont was not personally involved in violence during a referendum on Catalan independence last October, they said in a statement.

That made his actions not punishable under German law, the judges said, rejecting prosecutors’ argument that the Spanish “rebellion” charge was similar enough to Germany’s “high treason” statute to justify an extradition.

The Catalan separatist figurehead could still be extradited on a charge of misusing public funds, the judges added, although “further facts must be clarified and information gathered” in the coming days and weeks.

But meanwhile Puigdemont can leave custody if he fulfils court-imposed conditions including a payment of 75,000 euros ($92,000).

Regional newspaper Neue Osnabruecker Zeitung reported that the politician would also have to report to the police every week and would not be allowed to leave Germany without prosecutors’ consent.

It was not immediately clear when Puigdemont would leave the prison in Neumuenster where he has been held since his arrest on March 25.

‘Outrageous’ charge

 German lawyer Till Dunckel told news agency DPA that the bail conditions would be fulfilled as quickly as possible, but that Puigdemont might not leave jail on Thursday evening.

Puigdemont’s German defence team welcomed the court’s decision to set aside the “outrageous” charge of rebellion in a statement.

They “respected” judges’ decision to ask for more information from Spain on the misuse of funds charge in a “case with trend-setting signficance for the European understanding of democracy,” they added.

“[Puigdemont] always said that he had full confidence in the German judiciary,” his Barcelona-based lawyer Jaime Alonso-Cuevillas tweeted.

A Spanish government source told AFP that Madrid “always respects” judicial decisions “whether they please it or not”.

“The government is sure that Spain’s justice system will take the appropriate measures given these new circumstances, to ensure respect for the laws of our country,” the source added.

If extradited only on the charge of misusing public funds, Puigdemont cannot be prosecuted in Spain on the more serious charge of rebellion.

There is no such offence on German law books, although prosecutors had argued that it could be seen as roughly equivalent to the crime of “high treason”.

The misuse of public funds charge relates to the cost of the Catalan independence referendum, estimated at 1.6 million euros by Madrid.

Puigdemont’s lawyers have appealed in Spain against the “rebellion” charge, highlighting that he was not involved in violence.

– Flight across Europe –

 After being removed from office by the central government in Madrid following his unilateral declaration of independence on October 27, Puigdemont fled to Belgium.

He was arrested in northern Germany in late March on the way back from a trip to Finland.

Puigdemont and six political allies escaped Spanish authorities in an attempt to “internationalise” their plight by dragging other European Union countries into the row.

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

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This post was syndicated from The Guardian Nigeria Newspaper – Nigeria and World News. Click here to read the full text on the original website.</s>A German court on Thursday agreed to release on bail former Catalan President Carles Puigdemont and said his extradition to Spain was possible on the basis of corruption charges there, but not on the more serious charge of rebellion.

BERLIN: A German court on Thursday agreed to release on bail former Catalan President Carles Puigdemont and said his extradition to Spain was possible on the basis of corruption charges there, but not on the more serious charge of rebellion.

Puigdemont was arrested on entering Germany last month on a Spanish-issued arrest warrant. Spain accused the Catalan separatist of rebellion and corruption after he organised an unsanctioned independence referendum.

The court said the rebellion charge Puigdemont faced in Spain was not a criminal offence in Germany, while the violence component that would justify a high treason charge was also missing.

Proceedings to decide whether to extradite him on corruption charges could continue, however, it said.

"There is a risk of flight," the court said in its explanation of its decision to grant bail. "But since extradition on rebellion charges is impermissible, the risk of flight is substantially lessened."

The Spanish government was not immediately able to comment.

Puigdemont entered Germany on his way back from Finland to Belgium, where he is living in self-imposed exile.</s>Higher regional court judges in the state of Schleswig-Holstein justified their verdict by pointing out that Puigdemont could not be found guilty of high treason as it is defined in Germany's criminal code, because he did not use violence.

What exactly did Puigdemont do? He organized a controversial referendum on Catalan independence last October, although the Spanish justice system had declared it illegal to do so. Spain's post-Franco constitution does not provide for secession.

That constitution, it should be emphasized, was also signed by the autonomous region of Catalonia. When the October 2017 referendum took place, 90 percent voted for independence – although only 42 percent of eligible voters cast ballots. Undaunted, the regional government unilaterally declared independence.

Read more: Who is Carles Puigdemont?

The judges in Schleswig-Holstein claimed that Puigdemont's actions "would not be punishable by law in the Federal Republic of Germany."

To all of the separatists in hiding across Germany: Stand up! Follow Puigdemont's example! Fight for an independent Bavaria, Hamburg or even your own Sorbian state! You have nothing to fear from Germany's justice system.

And you, separatists from other parts of Europe– from South Tyrol, Corsica or wherever you may be – give it a try! If something goes wrong, just get to Germany, it is your safe harbor!

The most devastating effect of the verdict is that it will destroy cross-border cooperation within Europe. Spain's request for Puigdemont's extradition was based on a European Arrest Warrant. That particular instrument is the result of years of negotiations.

When implementing a European arrest warrant, the country carrying out the request generally refrains from analyzing the legal basis for the request. Cooperation can only function as long as EU states recognize one another as operating under the rule of law. German judges have now shaken that trust.

German judges tie the hands of the Spanish justice system

As far as European law is concerned, another consequence of the decision will also weigh heavily on Spanish-German relations: By basing its judgement on suspicion of misusing state funds rather than high treason, the higher regional court has tied the hands of Spain's justice department should it eventually catch Puigdemont.

Even if he had been arrested in Spain, Puigdemont could only be tried on the lesser charge rather than on that of treason, which carries a mandatory sentence of 25 years in prison. Thus, whether intended or not, German judges have created a legal precedent in a wholly inner-Spanish matter.

Although the German government has rightly refrained from commenting on the Schleswig-Holstein decision, one party has voiced jubilation: the opposition Left party. The Left has styled Puigdemont as a victim of political persecution throughout the course of his ordeal.

The Left, of all parties!

The impetus for Catalonia's separatism was never cultural self-determination – that has been guaranteed throughout the forty years that have passed since Franco's death. The main motivation for independence is that the wealthy region of Catalonia wants to keep that wealth to itself rather than supporting Spain's poorer regions – as happened in Germany after reunification.

The fact that the Left, of all parties, should cheer such a lack of solidarity is a historical irony worthy of contemplation.</s>Former Catalan leader Carles Puigdemont can be released on bail, a German court has ruled.

But he must remain in Germany while extradition proceedings continue and report to police once a week. He must also report every change of residence.

A court in the northern town of Schleswig set bail at €75,000 (£65,500).

It was not precisely clear when he will be released, but a message on his Twitter feed read: "We will see each other tomorrow. Thank you all!"

Mr Puigdemont is accused by the Spanish authorities of rebellion and misuse of public funds following an unauthorised referendum last year on Catalonia's independence from Spain.

The 55-year-old was detained in Germany on a Spanish arrest warrant as he attempted to drive from Finland to Belgium on 25 March.

He has been living in Belgium since fleeing Spain to escape arrest, and has been held at a prison in Neumuenster.

German prosecutors have argued that the charge of rebellion is similar to Germany's offence of treason.

But the court disagreed, saying that Mr Puigdemont cannot be extradited for rebellion.

Responding to the ruling, a Spanish official said Mariano Rajoy's government respects judicial decisions "always, when it likes them and when it doesn't".

The official added: "Spanish justice will adopt the appropriate measures in the face of these new circumstances."

Mr Puigdemont's Spain-based lawyer, Jaume Alonso-Cuevillas, said on Twitter: "I always said that I had full confidence in the German judiciary."</s>"Of course, we are very glad that Mister Puigdemont is free," said Puigdemont's lawyer Paul Bekaert. "And we have full confidence and trust in the German justice system."

The conditional freedom comes after the courts ruled that under German law Puigdemont could not be extradited on charges of rebellion - and that lesser charges of embezzlement do not merit imprisonment.</s>Catalan separatist leader Carles Puigdemont is set to walk out of a German jail on Friday, after judges refused his extradition to Spain for alleged rebellion and ordered him freed on bail pending a ruling on a lesser corruption charge.

Madrid wants to extradite Puigdemont, 55, the former president of Catalonia, back to Spain to face trial over his role in the region’s failed bid to make itself independent from Spain.

Puigdemont’s lawyers told reporters they expected him to leave the prison in the northern German town of Neumuenster shortly after midday, after posting bail of 75,000 euros ($92,000).

“We must look to the future with hope and optimism because we have the right, we have the right not to be robbed of our future,” read a tweet posted from Puigdemont’s official account Friday morning.

“We have to stand firm, there’s no going back now.”

In a major victory for Puigdemont, judges at the upper state court in Schleswig-Holstein ruled late Thursday that extradition on a charge of rebellion would be “inadmissable”.

They said in a statement that Puigdemont was not involved in violence during an outlawed referendum on Catalan independence last October.

That was grounds to reject prosecutors’ argument that the Spanish “rebellion” charge was similar enough to Germany’s “high treason” statute to justify extradition.

The Catalan separatist figurehead could still be extradited on a charge of misusing public funds, the judges added, as they asked their Spanish counterparts for more information on the matter.

Once Puigdemont is out on bail, he must keep authorities informed of his whereabouts, report to police weekly, respond to summons from prosecutors or the court, and remain in Germany.

Puigdemont’s German defence team welcomed the decision to set aside the “outrageous” rebellion charge, and said they “respected” judges’ call for more information from Spain.

Puigdemont “always said he had full confidence in the German judiciary,” his Barcelona-based lawyer Jaime Alonso-Cuevillas tweeted.

A Spanish government source told AFP that Madrid “always respects” judicial decisions “whether they please it or not”, adding it expects “appropriate measures” from Spain’s judiciary in response.

If extradited only for misusing public funds, Puigdemont cannot be prosecuted in Spain on the more serious charge of rebellion under European law.

The lesser charge relates to the cost of the Catalan independence referendum, estimated at 1.6 million euros by Madrid.

News of Puigdemont’s bail “will reduce tension and pressure in Catalonia” where protestors have blocked streets and clashed with police in recent days, political scientist Oriol Bartomeus of the Autonomous University of Barcelona told AFP.

But the relief would only be “momentary”, he added, noting that “nothing has been resolved”.

Public opinion in Spain is divided on whether the referendum constituted a “violent uprising” as laid out in law.

Catalans mostly reject the rebellion charge, according to opinion polls. A major demonstration calling for imprisoned separatist leaders to be freed is planned for April 15 in Barcelona.

After being removed from office by the central government in Madrid following a unilateral declaration of independence on October 27, Puigdemont fled to Belgium.

He was arrested in northern Germany in late March on the way back from a trip to Finland.

Puigdemont and six political allies escaped Spanish authorities in an attempt to draw international attention to their plight.

A Belgian judge on Thursday bailed three of the four 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 and Lluis Puig — to face charges of rebellion, misuse of public funds and disobeying the state.

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 Catalan parliament.</s>A German court ruled Thursday that Catalan separatist leader Carles Puigdemont cannot be extradited to Spain on charges of revolution and can be freed from a German jail on bail.

Puigdemont supporters say they expect Catalonia's former president to be out of jail by Friday morning.

The judges in Schleswig in northern Germany based their ruling on German law, saying while rebellion may be a crime in Spain, it is not a criminal offense in Germany.

The judges also ruled Puigdemont could still be extradited to Spain on charges of embezzling public funds not rebellion, but could only be tried for embezzlement if he is sent back.

If Puigdemont posts bail, he can only leave Germany with prosecutors' permission, inform them when he changes his address, and must report to police once a week.

Pro-independence Catalans celebrated when they heard the German court's decision and some cried openly.

Spanish officials and the country's supreme court have not yet commented on the German ruling.

German police arrested Puigdemont on a Spanish warrant last week. He crossed into Germany from Belgium, where he fled on October to avoid arrest.

He is wanted in Spain on charges of inciting rebellion by defying the central government and going ahead with a Catalan independence referendum in October, leading to a violent police crackdown.

Twenty-four other Catalan separatist leaders are also facing rebellion charges.

Pro-independence lawmakers won a slim majority in December's parliamentary elections in Catalonia. But parliament has been unable to name a new president since Puigdemont fled, and the future of independence is murky.

Catalonia, in northeast Spain, and its capital Barcelona are major tourist destinations. It has its own language and distinct culture. But the separatist crisis has hurt tourism and the regional economy.

Catalan separatists call the region a powerful economic engine that drives Spain, and they have demanded more autonomy.

Those who want to stay united with Spain fear the region will sink into an economic abyss without the central government, its ties to the European Union, and its numerous existing bilateral relations.

This story was written by VOA News.</s>A German court has ruled that former Catalan leader Carles Puigdemont can be released on bail pending a decision on his extradition to Spain.

Judges found the most serious accusation against him is not punishable under German law.

The state court in the northern town of Schleswig said it set conditions including a 75,000-euro payment for the 55-year-old to leave prison.

It was not immediately clear when he would be released, though it appeared unlikely before Friday morning.

“We will see each other tomorrow. Thank you all!” a message posted on his Twitter feed read.

Mr Puigdemont was detained on a European arrest warrant shortly after entering Germany on March 25.

He was trying to drive from Finland to Belgium, where has been living since fleeing to escape arrest in Spain. He has been held at a prison in Neumuenster.

Spanish authorities accuse Mr Puigdemont of rebellion and misuse of public funds in organising an unauthorised referendum last year on Catalonia’s independence from Spain.

German prosecutors argued earlier this week that the main charge of rebellion is equivalent to Germany’s criminal offence of treason.

German law calls for prison sentences for anyone who “undertakes, by force or through threat of force” to undermine the republic’s existence or change its constitutional order.

However, the court disagreed on Thursday, saying Mr Puigdemont cannot be extradited for rebellion.

It found that the accusations against Mr Puigdemont do not satisfy the precedents set by previous German rulings, which call for a use or threat of force sufficient to bend the will of authorities.

“That is not the case here,” the court said in a statement.

Judges will consider Mr Puigdemont’s extradition on the less serious charge of misusing public funds, meaning that he only could face trial for that if he were returned to Spain.

They said that there was no indication he could be “exposed to the danger of political persecution”.

The court said that because Mr Puigdemont cannot extradited for rebellion he posed less of a flight risk and could be released on bail.

If Mr Puigdemont makes the bail payment and leaves prison, he cannot leave Germany without prosecutors’ approval, must inform prosecutors of every change of residence and report to police once a week, court spokeswoman Frauke Holmer said.

In response to the German court’s ruling, a Spanish official said the government in Madrid respects judicial decisions “always, when it likes them and when it doesn’t”.

The official said: “Spanish justice will adopt the appropriate measures in the face of these new circumstances.”

“I always said that I had full confidence in the German judiciary,” Jaume Alonso-Cuevillas wrote on Twitter, adding: “We continue.”</s>According to La Vanguardia newspaper, Puigdemont paid his bail shortly before midday local time [10:00 GMT].

On Thursday, High Regional Court of Schleswig-Holstein ruled to free Puigdemont if he paid a bail of 75,000 euros ($91,700).

READ MORE: Over 600 Prominent Catalans Urge Parl't to Reappoint Puigdemont as Region Leader

Madrid has requested to extradite the former Catalan leader, however, the German state court said that corruption charges could lead to his extradition. The German judge has rejected the Spanish accusations of rebellion, as in Germany the treason charge implies the use of violence. The court added that it also finds no reason to believe that ex-Catalan leader risks persecution in Spain.

The Spanish authorities accuse Puigdemont of embezzling more than 1.5 million euros by proclaiming an illegal referendum on independence in Catalonia. The attempt to separate Catalonia from Spain is considered by the Spanish authorities as a rebellion.</s>A German court on Thursday refused Spain's request to extradite Catalan ex-leader Carles Puigdemont on a rebellion charge following his arrest in Germany last month, ordering his release on bail pending a hearing on a lesser charge.

In a heavy blow for Madrid, judges at the upper state court in Schleswig-Holstein "believe that in regard to the allegation of rebellion, extradition is illegal" as Puigdemont was not personally involved in violence during a referendum on Catalan independence last October.

That made his actions not punishable under German law, the judges said in a statement, rejecting prosecutors' argument that the Spanish "rebellion" charge was similar enough to Germany's "high treason" statute to justify an extradition.

The Catalan separatist figurehead could still be extradited on a charge of misusing public funds, the judges added, although "further facts must be clarified and information gathered" in the coming days and weeks.

But meanwhile Puigdemont can leave custody if he fulfils court-imposed conditions including a payment of 75,000 euros ($92,000).

Regional newspaper Neue Osnabruecker Zeitung reported that the politician would also have to report to the police every week and would not be allowed to leave Germany without prosecutors' consent.

A spokesman at the Neumuenster prison where Puigdemont has been held since March 25 said he would not be released before Friday morning.

"See you tomorrow. Thank you very much to everybody!" read a tweet posted from Puigdemont's account late Thursday.

Puigdemont's German defence team welcomed the court's decision to set aside the "outrageous" charge of rebellion in a statement.

They "respected" judges' decision to ask for more information from Spain on the misuse of funds charge in a "case with trend-setting signficance for the European understanding of democracy," they added.

"[Puigdemont] always said that he had full confidence in the German judiciary," his Barcelona-based lawyer Jaime Alonso-Cuevillas tweeted.

A Spanish government source told AFP that Madrid "always respects" judicial decisions "whether they please it or not".

"The government is sure that Spain's justice system will take the appropriate measures given these new circumstances, to ensure respect for the laws of our country," the source added.

If extradited only on the charge of misusing public funds, Puigdemont cannot be prosecuted in Spain on the more serious charge of rebellion.

There is no such offence on German law books, although prosecutors had argued that it could be seen as roughly equivalent to the crime of "high treason".

The misuse of public funds charge relates to the cost of the Catalan independence referendum, estimated at 1.6 million euros by Madrid.

News of Puigdemont's bail "will reduce tension and pressure in Catalonia" where protestors have blocked streets and clashed with police in recent days, political scientist Oriol Bartomeus of the Autonomous University of Barcelona told AFP.

But the relief would only be "momentary", he added, noting that "nothing has been resolved" by Thursday's decision.

Puigdemont's lawyers have appealed in Spain against the "rebellion" charge, highlighting that he was not involved in violence.

Public opinion in Spain is divided on whether the referendum constituted a "violent uprising" as described in the law.

Catalans mostly reject the rebellion charges, according to opinion polls, with a major demonstration calling for imprisoned separatist leaders to be freed planned for April 15 in Barcelona.

After being removed from office by the central government in Madrid following a unilateral declaration of independence on October 27, Puigdemont fled to Belgium.

He was arrested in northern Germany in late March on the way back from a trip to Finland.

Puigdemont and six political allies escaped Spanish authorities in an attempt to "internationalise" their plight by dragging other European Union countries into the row.

Nine other pro-independence figures are currently in custody, including six members of Puigdemont's Catalan government and the former president of the Catalan parliament.
Carles Puigdemont is released on bail, following the German judge's decision that he cannot be extradited for rebellion. However, proceedings for misuse of public funds are being considered against Puigdemont.