Clara Ponsatí’s lawyer says she will fight attempt to return her to Spain to face rebellion charge

Clara Ponsatí, the Catalan academic facing extradition from Scotland to Spain for alleged sedition, has been granted bail by a court in Edinburgh pending a full hearing later this spring.

Ponsatí appeared in the dock at the city’s sheriff court flanked by custody officers after she was formally arrested at a police station in Edinburgh on Wednesday and served with a European arrest warrant issued by judges in Madrid.

Her lawyer, Claire Mitchell, told the court Ponsatí faced charges of rebellion and misusing €1.6m in public funds for her role in the Catalan regional government, which organised an illegal independence referendum last year.

The 18-page arrest warrant listed 56 specific claims, with 34 additional pages of supporting legal material. It blames her in part for violence against 6,000 Spanish police officers as security forces fought to close down polling stations.

Mitchell said Ponsatí would “robustly” resist the extradition, but her bail application was unopposed by Scottish prosecutors representing the Spanish courts. There will be further proceedings in April, with the full case due to take place later.

Before the case began, about 150 Catalan and Scottish independence supporters, some waving Catalan flags, had gathered outside the court. By Wednesday afternoon, a crowdfunding campaign launched that morning to pay Ponsatí’s legal costs had reached more than £166,000.

Mitchell added there were significant questions about whether the warrant was valid and whether the offences listed in it were valid in Scots law. They may argue that the extradition was disproportionate and incompatible with Postaní’s rights under the European convention on human rights.

Speaking alongside Postaní after her release on bail, her solicitor, Aamer Anwar, said she faced 25 years in jail for sedition and up to eight years for misusing public funds.

“She can’t believe she is being held responsible for the violence which took place on the day of the referendum,” he said. “She believes that the Catalan people tried to express a democratic right to decide their own destiny.”

The Scottish government has stopped short of supporting Catalonia’s independence but insists that the region be allowed to conduct a referendum, which is illegal under Spain’s constitution.

Fiona Hyslop, the Scottish government’s external affairs secretary, wrote to Spain’s ambassador to the UK, Carlos Bastarreche Sagües, on Tuesday, protesting at the use of a European arrest warrant in a political dispute.

Ponsatí has been named by the Spanish courts as a fugitive from justice after briefly serving as an education minister under Carles Puigdemont in the regional Catalan government. She is one of five senior figures in Puigdemont’s team who fled Spain after his government was removed from office.

Catalan leader Carles Puigdemont held by German police Read more

Highly regarded at St Andrews University, she had just finished a three-year term as head of the its school of economics when Puigdemont recalled her to Barcelona to be his new education minister – a job she held for just four months.

Ponsatí is little known in Catalonia and few had heard of her until she fled to Brussels with Puigdemont last October.

Her predecessor, Meritxell Ruiz, was one of three ministers purged from Puigdemont’s cabinet because they were unwilling to back the proposed referendum. Officially the three left for personal reasons.

At least five Scottish National party MSPs took part in the protest outside the court, along with Tricia Marwick, the former presiding officer of the Scottish parliament. Marwick, who had been in Barcelona as an observer during last year’s unofficial referendum, said: “Jailing elected politicians is beyond the norms of democracy.

“I think Clara will certainly be inspired, not just today with all these people, but with the crowdfunding crashing through the £100,000 barrier in just four hours.”

Two police officers and an academic who were accompanying Puigdemont at the weekend when he was detained in Germany as he travelled by car from Helsinki to Brussels were arrested on their return to Spain on Wednesday.

Spain’s national court has opened an investigation into whether Carlos de Pedro López and Xabier Goicoeche, both serving members of the Catalan police force, are guilty of concealment or of assisting Puigdemont in evading arrest. The detained academic was Josep Luis Alay Rodríguez.

Puigdemont was detained under the European arrest warrant in the northern German province of Schleswig-Holstein. The German authorities have 60 days in which to reach a decision on the extradition request, which Puigdemont opposed during a hearing on Monday.

</s>Image copyright EPA Image caption Prof Pansati was greeted by supporters when she emerged from the court on Wednesday afternoon

A pro-independence Catalan politician who is being sought by the Spanish government has been released on bail by a Scottish court.

Prof Clara Ponsati was formally arrested after arriving voluntarily at an Edinburgh police station.

She later appeared from custody at an initial extradition hearing at the city's sheriff court.

Bail was not opposed, and she will now embark on a legal fight against being returned to face trial in Spain.

Prof Ponsati, who says the charges against her are politically-motivated, was asked to surrender her passport.

The authorities in Madrid issued a European Arrest Warrant after accusing her of rebellion - defined under Spanish law as being involved in a violent uprising - and misappropriation of public funds.

The allegations relate to her involvement in organising last year's Catalan independence referendum, which was ruled illegal by the Spanish courts.

Former Catalan leader Carles Puigdemont, who faces similar charges, was taken into custody in Germany at the weekend.

Media playback is unsupported on your device Media caption Prof Ponsati's lawyer read out a statement when she arrived to hand herself in to police earlier in the day

The hearing before Sheriff Nigel Ross lasted less than 10 minutes, with a number of Prof Ponsati's supporters present in the packed court room and many more gathered outside.

Among them were several prominent SNP politicians, including former Holyrood presiding officer Tricia Marwick.

Ms Marwick told BBC Scotland that it would be "impossible for Clara, and indeed for any of the other political prisoners" to have a fair trial in Spain as there was "absolutely no separation between the justiciary and the government".

'Grotesque distortion'

Speaking outside court, Prof Ponsati's lawyer Aamer Anwar said his client was opposing the extradition warrant from the Spanish Supreme Court and would "robustly deny the charges" against her.

He added: "The 52-page warrant included the crimes of rebellion - punishable by up to 25 years in prison - as well as the crime of misappropriation of public funds, punishable with up to eight years' imprisonment.

"Clara wishes for me to state that these charges are politically motivated and a grotesque distortion of the truth. She cannot believe that she is being held responsible for the violence that took place on the day of the referendum."

Image copyright Reuters Image caption The former Catalan education minister was formally arrested when she entered St Leonard's police station in Edinburgh

Mr Anwar said Prof Ponsati believes that the Catalan people "tried to express a democratic right to decide their own destiny" during the referendum.

And he said the only people that should be held responsible for the "brutal violence" was the Spanish police and state security forces who "attacked the Catalan people on behalf of the Spanish government".

He added: "She submits that Spain has not followed due process, cannot guarantee the independence of the judiciary and has repeatedly abused the human rights of the Catalan people."

Prof Ponsati turned herself in to officers at St Leonard's police station on Wednesday morning, before being taken to court.

She has thanked First Minister Nicola Sturgeon, the Scottish government and other Scottish politicians for their "solidarity", with Mr Anwar saying Prof Ponsati believes "Scotland has been a true friend to Catalonia in her darkest hours".

An online crowdfunding appeal to pay Prof Ponsati's legal costs had raised about £170,000 by 16:00 on Wednesday. Her initial target was £40,000, but this was later increased to £200,000.

Who is Clara Ponsati?

Image copyright Reuters Image caption She fled to Brussels with Carles Puigdemont following the Catalan referendum

Prof Ponsati had been working as the director of the School of Economics and Finance at the University of St Andrews since January 2016, before being appointed as the Catalan government's education minister in July of last year.

She returned to work at St Andrews earlier this month, having been in Belgium since fleeing Spain with Catalonia's ex-leader Carles Puigdemont and three other former cabinet members following an unsuccessful bid to declare independence from Spain in October.

A Spanish judge issued arrest warrants on Friday for Prof Ponsati and the other fugitive politicians, including Mr Puigdemont, who was detained by police in Germany.

How likely is it that she will be extradited?

In almost all cases, there is a requirement that the allegations would amount to a criminal offence were it to have occurred in the UK.

Prof Ponsati's legal team could argue that rebellion is not a specific criminal offence in Scotland - although there is a crime of treason, which covers disloyalty to the Crown.

The extradition request could also be defeated if Prof Ponsati successfully argues that it is politically-motivated.

But extradition lawyer Karen Todner told BBC Scotland it is rare for European requests to be refused for this reason, because "as part of the European Union we are supposed to believe that all requests are fair and proper".

Regardless, the legal process is likely to take several months and could be challenged all the way to the High Court.

Image copyright Getty Images Image caption Supporters gathered outside the court ahead of Prof Ponsati's hearing

What does the Scottish government say?

Scotland's independence movement has close links to its Catalan counterpart, and the SNP is overwhelmingly supportive of Prof Ponsati's cause.

But First Minister Nicola Sturgeon, who is also the SNP leader, has not explicitly backed Catalan independence and has stressed that her Scottish government cannot intervene in the legal process.

Ms Sturgeon has repeatedly said she supports the right of the Catalan people to determine their own future, and has criticised the Spanish government's decision to arrest and imprison pro-independence Catalan politicians.

She added: "The fact that our justice system is legally obliged to follow due process in the determination of extradition requests does not change those views."

The SNP's leader at Westminster, Ian Blackford, has requested a meeting with the Spanish ambassador in London to express the party's concern over the treatment of Prof Ponsati and other Catalan politicians.</s>Have your say

A former Catalan minister facing extradition to Spain has been released on bail after handing herself in to police in Edinburgh.

Professor Clara Ponsati, the ex-Catalan education minister, is being sought by the authorities in Madrid on charges of “violent rebellion and misappropriation of public funds” over her role in Catalonia’s controversial independence referendum last year.

She refutes the charges and has embarked on a legal fight to resist the attempts to have her returned to Spain.

Scottish-based Prof Ponsati attended a police station in Edinburgh voluntarily on Wednesday morning after she was made the subject of a European arrest warrant last week.

She was placed under arrest and formally had the European Arrest Warrant read to her.

The academic appeared from custody at an initial hearing at Edinburgh Sheriff Court.

The hearing before Sheriff Nigel Ross lasted less than 10 minutes on Wednesday afternoon with a number of her supporters present in the packed court room.

The court heard Prof Ponsati does not consent to extradition and the application for bail was not opposed by the Crown.

She was granted bail and asked to surrender her passport.

Her lawyer says she views the charges - which could attract a jail term of up to 30 years - as “political persecution” and believes that her human rights cannot be guaranteed in Spain.

Solicitor, Aamer Anwar, said earlier: “Clara remains defiant, resolute and is determined to fight back.

“She wants to thank the many hundreds of thousands of ordinary people especially in Scotland who have shown her such love and support.

“She is truly humbled by the unconditional support from students, colleagues and the principal at St Andrews University.

“Clara wishes to thank Nicola Sturgeon, the Scottish Government and politicians for their solidarity. Scotland has been a true friend to Catalonia in her darkest hours.”

Prof Ponsati returned to Scotland earlier in March having been in Belgium since fleeing Spain with Catalonia’s ex-leader Carles Puigdemont and three other former cabinet members, following an unsuccessful bid to declare independence from Spain in October.

She had resumed working at the University of St Andrews in Fife.

But a Spanish judge issued arrest warrants on Friday for Prof Ponsati and the other fugitive politicians including Mr Puigdemont, who was detained by police in Germany.

A crowdfunding drive to raise money for Prof Ponsati’s extradition defence reached £100,000 just over two hours after it was launched on Wednesday morning.

READ MORE: Spain-Catalonia: How can the constitutional crisis be resolved?

On Monday, a group of protesters congregated outside the Spanish consulate in Edinburgh to demonstrate against the arrest warrant and the actions of the Spanish Government.

At the police station on Wednesday Xavier Oliver was one of a number of people who turned up to show support for Prof Ponsati.

The 35-year-old software engineer from Catalonia said: “The Spanish Government is using this excuse to put people in jail and let them rot.

“They should tackle the problem politically. In their minds putting people in jail on ridiculous charges is enough to change the minds of two million people.</s>A former Catalan minister who now lives in Scotland has handed herself in to police, as Spanish authorities seek to extradite her.

Professor Clara Ponsatí faces charges of rebellion and misappropriating public funds over the Catalan government's independence referendum last year.

Prof Ponsatí, a former education minister who is chair of Economics at St Andrews University, refutes the allegations and is expected to fight the extradition bid in Scottish courts.

She attended St Leonard's police station in Edinburgh with her lawyer Aamer Anwar on Wednesday morning.

Last week, a Spanish Supreme Court judge issued an indictment relating to charges against five former Catalan ministers, following the regional government's attempts to declare independence from Spain.

This led to European Arrest Warrants being issued, with former Catalan leader Carles Puigdemont being arrested in Germany.

Mr Anwar read out a statement outside the police station.

He said: "After we enter the police station, my client will be placed under arrest.

"The European Arrest Warrant will then be served upon her and Clara will be transferred to Edinburgh Sheriff Court where she will apear from custody.

"The Spanish authorities wish to extradite Clara on charges of violent rebellion, and misappropriation of public funds for helping to organise the referendum.

"My legal team is instructed to robustly defend Clara as she views these charges as political persecution and a systematic attempt to crush the spirit of the Catalan people and their desire for freedom.

"She does not believe that the Spanish courts can guarantee independence, human rights or justice.

"Clara remains, defiant, resolute and is determined to fight back."

He said Prof Ponsatí wished to thank those who had supported her, including students colleagues and Nicola Sturgeon.

Mr Anwar added: "Scotland has been a true friend to Catalonia in her darkest hours.

"However it is absolutely right that the independence of the judiciary is respected and that no government should ever interfere in that process.

"Clara now accepts her fate now lies in the hands of the Scottish justice system."

A hearing is expected to take place at Edinburgh Sheriff Court later on Wednesday.

Download: The STV News app is Scotland's favourite and is available for iPhone from the App store and for Android from Google Play. Download it today and continue to enjoy STV News wherever you are.</s>A former Catalan minister facing extradition to Spain has handed herself in to police in Scotland.

Clara Ponsati was made the subject of a European arrest warrant last week and gave herself up at a police station in Edinburgh on Wednesday.

She will appear at an initial extradition hearing later today before a full hearing in several weeks' time.

The former education minister is sought by Madrid on charges of "violent rebellion and misappropriation of public funds" regarding her role in Catalonia's October independence referendum.

Ms Ponsati, who denies the charges, fled Spain with the autonomous community's ex-leader Carles Puigdemont and three other cabinet members and initially headed for Belgium.

But she arrived in Scotland in March and has said she will fight any attempt to return her to Spain.

Ms Ponsati's solicitor Aamer Anwar said: "Clara remains defiant, resolute and is determined to fight back.

"She wants to thank the many hundreds of thousands of ordinary people, especially in Scotland, who have shown her such love and support.

"However, it is absolutely right that the independence of the judiciary in Scotland is respected and that no Government should ever interfere in that process.

"Clara accepts her fate now lies in the hands of the Scottish justice system."

More than £100,000 was raised through crowdfunding to help pay for Ms Ponsati's extradition defence on Wednesday morning.

On Monday, there were protests outside the Spanish consulate in Edinburgh to demonstrate support for Ms Ponsati.</s>Former Catalan education minister Clara Ponsati, a separatist and academic wanted in Spain on charges of rebellion against the state, has handed herself in to a Scottish police station, a Reuters witness said on Wednesday.

Ponsati, a professor of economics at the University of St Andrews , is fighting extradition and will seek bail and a full hearing, her lawyer, Aamer Anwar has said.

She is one of several former Catalan senior officials being sought by the Spanish judiciary for their part in an independence referendum deemed illegal under Spanish law.

Clara Ponsati fled to Scotland after Spain struck down an “illegal” referendum on independence for the region.

A European arrest warrant was issued and she faces extradition for “rebellion”, which she denies.

She is being sought by the authorities in Madrid on charges of "violent rebellion and misappropriation of public funds" over her role in Catalonia's controversial independence referendum last year.

Prof Ponsati refutes the charges but attended St Leonard's Police Station in the south of the city where it is understood she will be arrested.

She is due to appear at the sheriff court later on Wednesday.

A Spanish judge issued international arrest warrants on Friday for Ponsati and other fugitive politicians including Catalonia's ex-leader Carles Puigdemont, now detained by German police.

Anwar , who hopes to secure bail, said: “I understand that Clara Ponsati faces charges of violent rebellion and misappropriation of public funds which relates to the organising of the referendum, which my client utterly refutes.

“My legal team is instructed by Professor Ponsati to robustly defend her against the Spanish attempts to extradite her.

“Clara views these charges as political persecution and submits that her human rights and justice cannot be guaranteed in the Spanish courts. Clara remains defiant and resolute and believes that the Spanish Government will never be able to crush the spirit of the Catalan people."</s>The ex-Catalan education minister facing extradition to Spain has handed herself into police in Edinburgh after she was made the subject of a European Arrest Warrant.

Professor Clara Ponsati, a minister with the devolved Catalan Government at the time it declared independence last year, is wanted by authorities in Madrid on charges of “violent rebellion and misappropriation of public funds”.

She is being sought by the authorities in Madrid on charges of “violent rebellion and misappropriation of public funds” over her role in Catalonia’s controversial independence referendum last year.

Prof Ponsati refutes the charges, but attended St Leonard’s Police Station in the south of the city where it is understood she will be arrested.

She is then due to appear from custody at Edinburgh Sheriff Court at 2pm where she will apply to be released on bail.

The economist denies the charges, which relate to her role in organising a hugely controversial referendum in October.

In a statement issued this morning, her solicitor Aamer Anwar said: “After we enter the police office my client will be formally placed under arrest.

“The European Arrest Warrant will then be served upon her and Clara will be transferred to Edinburgh Sheriff Court where she will appear from custody.

“The Spanish authorities wish to extradite Clara on charges of violent rebellion and misappropriation of public funds for helping to organise the referendum.

“My legal team is instructed to robustly defend Clara as she views these charges as ‘political persecution’ and a systematic attempt to crush the spirit of the Catalan people and their desire for freedom.

“She does not believe that the Spanish Courts can guarantee independence, human rights or justice. Clara remains defiant, resolute and is determined to fight back.

“She wants to thank the many hundreds of thousands of ordinary people especially in Scotland who have shown her such love and support.

“She is truly humbled by the unconditional support from students, colleagues and the principal at St Andrews University.

“Clara wishes to thank Nicola Sturgeon, the Scottish Government and politicians for their solidarity. Scotland has been a true friend to Catalonia in her darkest hours.

“However it is absolutely right that the independence of the judiciary in Scotland is respected and that no Government should ever interfere in that process. Clara accepts her fate now lies in the hands of the Scottish Justice system.

A hearing for the extradition will take place at 2pm today, where we will apply for Clara Ponsati to be released on bail.

The academic, a former head of St Andrews University’s school of economics, returned to the Fife town earlier this month to resume her work as a researcher.

An arrest warrent was issued by Madrid on Friday.

READ MORE: Spain-Catalonia: How can the constitutional crisis be resolved?</s>EDINBURGH (AFP) - Former Catalan minister Clara Ponsati, who is wanted by Spain for her role in last year's independence bid, surrendered to Scottish police on Wednesday (March 28) to face arrest under a European warrant.

Ponsati was later released after being granted bail, but was ordered to surrender her passport during a preliminary extradition hearing at a packed Edinburgh Sheriff Court, pending a full hearing.

Lawyers for Ponsati, a professor at the University of St Andrews, said they will "robustly" reject charges of violent rebellion and misappropriation of public funds for helping to organise last year's independence referendum in Catalonia, which the government in Madrid deemed illegal.

Supporters outside the court when she was released waved Catalan separatist flags and help up a banner reading: "We are with you".

She has received support from members of the Scottish National Party (SNP), which runs the devolved government in Edinburgh, which has condemned arrest warrants issued for the Catalan politicians.

However, Scottish First Minister Nicola Sturgeon has insisted she cannot intervene in an independent legal extradition process.

An online campaign to raise funds for Ponsati's extradition battle was launched earlier on Wednesday, and within three hours had raised more than £90,000 (S$160,000).

"My legal team is instructed to robustly defend Clara as she views these charges as 'political persecution' and a systematic attempt to crush the spirit of the Catalan people and their desire for freedom," her lawyer Aamer Anwar said in a statement.

"She does not believe that the Spanish courts can guarantee independence, human rights or justice. Clara remains defiant, resolute and is determined to fight back."

On her behalf, he thanked the staff at the university, the "many hundreds of thousands of ordinary people" who had backed her, as well as Sturgeon and the Scottish government.

"Scotland has been a true friend to Catalonia in her darkest hours," the lawyer said.

"However, it is absolutely right that the independence of the judiciary in Scotland is respected and that no government should ever interfere in that process. Clara accepts her fate now lies in the hands of the Scottish justice system."

A Spanish judge last week issued international and European arrest warrants for Ponsati and other separatist leaders, including former regional president Carles Puigdemont.

Puigdemont was arrested by German police on Sunday.

Spain's Supreme Court said it would prosecute 13 key separatists including Puigdemont and Ponsati for "rebellion", a crime which carries a maximum penalty of 30 years in jail.

Ponsati was a minister in the Catalan government when it declared independence from the rest of Spain following a referendum in October.

She fled later that month with Puigdemont and three other former ministers to Brussels, after Spain dismissed the Catalan executive and imposed direct rule.

Ponsati then returned to the University of St Andrews, north-east of Edinburgh, where she had formerly worked and is a professor in the school of economics and finance.</s>Clara Ponsati, the former Catalan education secretary, will hand herself in to Scottish police today after they received a request for her extradition to Spain.

Clara Ponsati, the former Catalan education secretary, will hand herself in to Scottish police today after they received a request for her extradition to Spain.

Ex-Catalonia minister to hand herself in to Scottish police

Amid protests in Catalonia over the Spanish crackdown on separatists, the dispute will arrive in a court in Edinburgh, where Ms Ponsati will appear to begin the fight against her extradition. She will be represented by Aamer Anwar, a Glasgow University rector and human rights lawyer, who insisted yesterday she was the target of "political persecution".

Scotland has been one of the strongest sources of international support for Catalan secessionists, and the extradition case has drawn strong protest, particularly from nationalist politicians. Nicola Sturgeon, Scottish first minister, has been forced to deny calls to step in, saying that her government has "no powers to intervene" in a process that is the exclusive remit of the courts.

But she said in a statement: "It is well established that the Scottish government supports the right of the people of Catalonia to determine their own future and that we strongly oppose the Spanish government's decision to seek the arrest and imprisonment of independence supporting politicians." Ms Ponsati travelled to Scotland earlier this month to return to a post at the University of St Andrews, after four months in self-imposed exile in Belgium with Carles Puigdemont - who was detained in Germany on Sunday - and three other former cabinet members.

Spain's Supreme Court on Friday opened prosecutions against 13 members of the separatist government for rebellion and misuse of public funds, charges that could see them jailed for up to 30 years. Another 12 independence figures have been charged with lesser crimes, while seven international arrest warrants have also been issued. The UN Human Rights Committee said that it would be accepting a complaint filed by Mr Puigdemont.

It is unclear whether the German and Scottish courts will grant the extraditions on the grounds of rebellion. A previous attempt to extradite Mr Puigdemont from Belgium was dropped amid fears the judge would strike out the rebellion charge, which requires the use or threat of violence.

Ms Ponsati's lawyer told the BBC yesterday that they would be challenging the rebellion charge, insisting that there was no similar crime in Scotland and that "the only people responsible for violence on [referendum] day were the Spanish police". Inigo Mendez de Vigo, a Spanish government spokesman, denied the separatists were "victims", insisting their "criminal actions" were an "attack" not only against Spain but the European Union.</s>EDINBURGH (Reuters) - Catalan academic Clara Ponsati, who is wanted in Spain on charges of rebellion for her role in Catalonia’s independence campaign, was granted bail after appearing for an extradition hearing at a Scottish court on Wednesday, the BBC reported.

Earlier Ponsati, a former Catalan education minister who is currently a professor at Scotland’s prestigious University of St Andrews, handed herself into police with her lawyer saying she would oppose extradition.
Clara Ponsatí i Obiols, fugitive ex-Minister of Education of Catalonia, hands herself over to Police Scotland. She appears before court and is released on bail.