Catalan separatist leaves Italy, dodging Spain’s latest effort to prosecute him
By Gaia Pianigiani and Emma Bubola
Carles Puigdemont, the Catalan separatist wanted in Spain for leading a failed breakaway movement in his region four years ago, left Italy on Monday, days after his brief detention and release by Italian authorities.
The dramatic seizure and exit of Puigdemont raised and then dashed the hopes of Spanish prosecutors, who once again watched another European country set him free. Italian authorities acted on a European arrest warrant obtained by Spain, which wants to try Puigdemont on sedition charges after he led an unsuccessful attempt to establish an independent Catalonia.
“He left this morning for Brussels,” said Puigdemont’s lawyer, Agostinangelo Marras.
Puigdemont’s office in Brussels confirmed his departure from Italy and said he would be attending a meeting in Brussels on Monday afternoon.
Puigdemont, a member of the European Parliament, has been living in Brussels in freedom. The Belgian government has refused to send him back to Spain for trial, and a German court let him go in 2018 after a brief detention there.
An Italian court is scheduled to start considering next week whether to act on the warrant for his arrest and send Puigdemont to Spain to face criminal charges. Despite Puigdemont’s departure from the country, his lawyer said that he would return to Italy for the court decision.
The Italian police arrested Puigdemont on Thursday as he landed at the airport to attend a Catalan folk festival on the island of Sardinia and to meet pro-independence leaders there.
But Friday, an Italian court ordered his release, ruling that Puigdemont’s status as a member of European Parliament gave him the right to leave the country to participate in meetings in Brussels.
On Friday afternoon, Puigdemont posted a picture of himself on Twitter leaving prison in the city of Sassari.
“Spain never misses an opportunity to embarrass itself,” he wrote, adding the hashtag #NoSurrender.
Prime Minister Pedro Sánchez of Spain said Friday that his government would respect the judicial decisions but added: “It is obvious that Puigdemont must face justice.”
Spain has repeatedly issued international warrants in an attempt to prosecute Puigdemont. But the latest effort came at a critical moment, just over a week after Sánchez visited Barcelona, the regional capital of Catalonia, to start a fresh round of negotiations with separatist politicians aimed at ending a territorial conflict that has been Spain’s biggest political headache for the past decade.
The Italian court requested Puigdemont’s presence in Sassari for a hearing Oct. 4 to assess whether to return him to Spain. But Italian legal experts said that if Puigdemont did not return to Italy for the hearing, his absence would almost certainly cause the judge to simply end the proceedings.
“The main requirement of any European arrest warrant, or even of any extradition, is that the person wanted is in the country,” said Roberto De Vita, an international lawyer based in Rome.
“The court hearings could technically also continue, but the case is over,” said Stefano Maffei, a law professor specializing in extraditions and European arrest warrants at the University of Parma. “For the European arrest warrant to be applicable, the person has to be.
Even if Puigdemont attended the upcoming hearings and the proceedings came to a final decision, experts say that it is unlikely that Italian judicial authorities will surrender him.
The Italian court stated that Puigdemont’s immunity across Europe, granted by his election to the European Parliament in 2019, “is still intact,” even though in March the same European Parliament stripped him of his immunity in connection with the failed is attempt to make Catalonia independent from Spain. A European general court in July rejected Puigdemont’s request to have his immunity restored, saying that their arrest was unlikely and that he and other Catalan leaders were ”still free to travel to attend meetings of the Parliament.” For instance, the court explained, if they traveled to France to attend a Parliament meeting in Strasbourg, they could not be arrested.
Lawyers defending Puigdemont say that Spain’s arrest warrant had been suspended before his trip to Italy, but the Italian judges validated the arrest.
On Monday, legal experts in Spain also continued debating whether he should have been detained in Sardinia in the first place.
Italy, like most Western European countries, has legislation that protects foreigners on their territory who would face charges with political overtones in their home countries, like those that Puigdemont is accused of. A similar principle in France allowed a number of Italian terrorists to live there freely for decades, only to be arrested earlier this year. None of them has returned to Italy yet.
From Brussels, Puigdemont has remained highly influential in Catalan politics.
Catalan leaders who supported the 2017 independence bid and remained in Spain to face trial were convicted and given long prison sentences, but Sánchez pardoned them. His government has said there can be no amnesty for those like Puigdemont, who fled the country, until they have been tried.