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From Argentina, Mariano Rajoy tried to remove pressure from diplomatic conflict between Germany and Spain. The behavior of German government was “exemplary”, said Spain’s premier on Tuesday during state visit to South America, quite as it is for a “classic European nation from first row”. So many beautiful words were rare in past few days. Since upper regional Court of Schleswig had decided to release discharged Catalan regional president Carles Puigdemont and not to extradite to Spain for rebellion, one was sour-faced.
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While in Barcelona, independence proponents called for cheerful bratwurst and beer happenings, in Madrid y scolded arrogant alls from north behind ir hand. Right-outside journalists like very famous radio presenter Federico Jiménez Losantos Keiften in Spain with rage. Losantos saw in decision “typical Protestant racism towards a Catholic country” and thoughtlessly of breweries, which could now explode in Munich. In addition, Spain has over 200,000 hostages from Germany in Balearic Islands – which Losantos probably wanted to suggest, one could exchange yes against Puigdemont. The fact that Federal Minister Katharina Barley (SPD) had described verdict as “absolutely right” in a background conversation in an unthinkable utterance only furr strengned debate.
The Supreme Regional Court of Schleswig had ruled out extradition Puigdemonts with argument that violence necessary for comparability of Spanish rebellion with German criminal offence of high treason was not given. In or words, it does not exclude fact that last autumn re was violence in Catalonia, but not so much that Spain’s unity was actually at risk.
The quality of violence
The procedures for examining European arrest warrant do not actually provide a qualitative evaluation of offences, but rar questions about comparability of offences. A separation, however, is naturally difficult, and in Puigdemont, it has become a balancing act.
By actually judging quality of violence, German judges had considerably exceeded ir competence, lawyers in Madrid scolded. The German judges should please explain to him what y understand by force, blustered visibly excited Spanish Interior Minister Juan Ignacio Zoido in a television interview. “There were 300 violent acts against security officials, officials of judiciary, and official buildings that had a significant impact on living toger.”
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In fact, provisional indictment of investigating magistrate, Pablo Llarena, lists 300 acts of violence. However, he does not count alone – few – assault attacks on policemen during protest around referendum, but also property damage and threats: demolished Polizeitautos, graffiti on public buildings, angry chanting choruses against The forces of order.
In legal debate on case of Catalana, decision of upper Oberlandesgericht once again confirmed what 100 Spanish criminal lawyer already said in November: Rebellion does not seem to be appropriate offense to break laws of Catalan separatists Criminal law. Should Carles Puigdemont actually be extradited to Spain – Higher Regional Court is still examining wher this is possible in case of infidelity – at least he could no longer be prosecuted. It is still unclear what influence it has on proceedings against or twelve politicians and activists accused of rebellion.