Scotland will have to hand over Cataluña exile

[Barry]

When the UK left the EU some extra seats in Parliament were divided out and Spain got another 5 seats.

One of these will be taken up by Clara Ponsati. She is currently living in political exile in Scotland.

https://www.scotsman.com/news/brexit-will-make-catalan-academic-clara-ponsati-immune-from-extradition-claims-lawyer-1-5079640">//https://www.scotsman.com/news/brexit-will-make-catalan-academic-clara-ponsati-immune-from-extradition-claims-lawyer-1-5079640

The fact anyone is being hounded or imprisoned by Spain for peacefully held political views is outrageous.

[Churchill]

The Court is asked to decide on her actions , not the actions of others

[Barry]

https://elpais.com/elpais/2019/11/15/inenglish/1573807473_375456.html">//https://elpais.com/elpais/2019/11/15/inenglish/1573807473_375456.html



From this article:

Supreme Court Judge Pablo Llarena, who is overseeing the case, sent back a document that outlined how Ponsatí's actions helped the 2017 secession bid. In the document, Llarena replied] disobeyed the resolutions and requirements reiterated by the Constitutional Court of Spain, as well as the order from the High Court of Catalonia [...] and carried out said actions aiming to hold an independence referendum, despite knowing about the illegality and invalidity of the process, which in the end led to violent acts, just as had been expected, all with the aim of altering the current legal and constitutional order."



No mention that those violent acts were committed by the Police against ordinary people and even against their own firemen.



She's back in court on 12th December.

[morayloon]

She was granted bail , good she is not a flight risk IMO

She's been allowed to keep her passport  https://www.bbc.co.uk/news/uk-scotland-50409771">https://www.bbc.co.uk/news/uk-scotland-50409771

[Churchill]

She was granted bail , good she is not a flight risk IMO

[morayloon]

Clara reported to an Edinburgh police station this morning. There will be a hearing @ 2pm where bail will be sought https://www.crowdjustice.com/case/newextraditionwarrant/?utm_source=sendinblue&utm_campaign=Clara_New_Case2&utm_medium=email">https://www.crowdjustice.com/case/newex ... dium=email">https://www.crowdjustice.com/case/newextraditionwarrant/?utm_source=sendinblue&utm_campaign=Clara_New_Case2&utm_medium=email

[morayloon]

I totally agree that that is what should happen ,however ....The reason some were so against the UK signing up to the EAW was precisely the fact that it 'requires'  that the person is arrested and returned to the issuing state . It doesn't say anything about fair trials , length of sentence  or producing evidence to back up the warrant

Clara Poonsati is beginning legal action to fight extradition. https://www.crowdjustice.com/case/newextraditionwarrant/?utm_source=sendinblue&utm_campaign=Clara_New_Case2&utm_medium=email">https://www.crowdjustice.com/case/newex ... dium=email">https://www.crowdjustice.com/case/newextraditionwarrant/?utm_source=sendinblue&utm_campaign=Clara_New_Case2&utm_medium=email

It is not just a matter of the Govt. acceding to a EAW. The person attacked has the right to take action to fight the warrant. Ponsati has already won 2 fights against the Spanish.

Why not donate to her fund, using the link above? Over £40,000 has been pledged since 8am this morning.

Hoping for a good outcome for Clara Ponsati

Totally agree

[Churchill]

Extradition hearing



The extradition hearing should normally begin within 21 days of arrest.



The judge must be satisfied that the conduct described in the warrant amounts to an extradition offence (including, in almost all cases, the requirement that the conduct would amount to a criminal offence were it to have occurred in the UK, and minimum levels of severity of punishment), and that none of the statutory bars to extradition apply.



These bars are:

rule against double jeopardy

the absence of a prosecution decision (whether the prosecution case against the accused is sufficiently advanced)

extraneous considerations (whether the request for extradition is improperly motivated)

passage of time

the requested person's age

speciality (the requested person must only be dealt with in the requested state for the offences for which they have been extradited)

onward extradition (where the requested person has previously been extradited to the UK from a third county, and consent for onward extradition from that country is required but has not been forthcoming)

forum (whether it would be more appropriate for the requested person to be prosecuted in the UK instead)

The judge must also decide if extradition would be disproportionate or would be incompatible with the requested person's human rights. If the judge decides it would be both proportionate and compatible, extradition must be ordered.



https://www.gov.uk/guidance/extradition-processes-and-review">https://www.gov.uk/guidance/extradition ... and-review">https://www.gov.uk/guidance/extradition-processes-and-review



Right to a Fair Trial covered in here

http://ohrh.law.ox.ac.uk/european-arrest-warrants-and-the-right-to-a-fair-trial-the-approach-of-the-cjeu-and-ecthr/">http://ohrh.law.ox.ac.uk/european-arres ... and-ecthr/">http://ohrh.law.ox.ac.uk/european-arrest-warrants-and-the-right-to-a-fair-trial-the-approach-of-the-cjeu-and-ecthr/

[Churchill]

Clara Ponsati will be 'giving herself up' tomorrow. There will then be a preliminary hearing on the arrest warrant. She's been through this before and it wasn't a case of handing her over to the Spanish Authorities then and won't be this time. The case will go through the Scottish Courts which have previously ruled against Spain. This is the third time of asking and I am sure Ponsati's legal team will be putting to the court the fact that she won't receive a fair trial. The extreme jail sentences already inflicted on Catalonian political prisoners will surely see this latest attempt, by the Spanish authorities, fail

I do hope so,

[Streetwalker]

Clara Ponsati will be 'giving herself up' tomorrow. There will then be a preliminary hearing on the arrest warrant. She's been through this before and it wasn't a case of handing her over to the Spanish Authorities then and won't be this time. The case will go through the Scottish Courts which have previously ruled against Spain. This is the third time of asking and I am sure Ponsati's legal team will be putting to the court the fact that she won't receive a fair trial. The extreme jail sentences already inflicted on Catalonian political prisoners will surely see this latest attempt, by the Spanish authorities, fail

I totally agree that that is what should happen ,however ....The reason some were so against the UK signing up to the EAW was precisely the fact that it 'requires'  that the person is arrested and returned to the issuing state . It doesn't say anything about fair trials , length of sentence  or producing evidence to back up the warrant .



Its maybe worth noting that the withdrawal agreement says that the EAW will still operate until the end of the transition period (Dec 2020 ? ) and then goes on to suggest that the EAW will be  reciprocal thereafter between the UK and member states . Which as I read it would allow your scenario to play out as above followed by Spain refusing any warrants issued by the UK .



Hoping for a good outcome for Clara Ponsati

[morayloon]

Clara Ponsati will be 'giving herself up' tomorrow. There will then be a preliminary hearing on the arrest warrant. She's been through this before and it wasn't a case of handing her over to the Spanish Authorities then and won't be this time. The case will go through the Scottish Courts which have previously ruled against Spain. This is the third time of asking and I am sure Ponsati's legal team will be putting to the court the fact that she won't receive a fair trial. The extreme jail sentences already inflicted on Catalonian political prisoners will surely see this latest attempt, by the Spanish authorities, fail

[Nick]

I think I've posted before that I'm not familiar enough with the Spanish Catalonia situation to judge in detail.



I am also not 100% sure whether the EU arrest warrent triggers an automatic process governed by EU treaties, on the assumption that any nation that is allowed to be a member of the EU must have a fair justice system, or, whether the UK has the possibility to rule an extradition as not appropriate.



I also don't know enough to be sure whether these folks are completely innocent of everything other than supporting Catalonian independence.  I guess I would wonder what we would say in this country if London held an illegal vote on whether to split from the UK and then illegally declared itself a separate state, or if for example Spain refused to extradite an IRA member.  It may not be as simple as it seems.



That said, my gut feel would be that charging these people with sedition will merely inflame the situation and encourage more people to fight for Catalan independence, but that is based on very little detailed knowledge of the situation.

That's what's called taking the fifth! Lips moving but no substance.

[Barry]

https://elpais.com/elpais/2019/11/12/inenglish/1573547284_544113.html">Nineteen arrested as police clear Catalan protesters from French border

Makes a change from French lorry drivers blocking the motorways.

[Barry]

https://elpais.com/elpais/2019/11/07/inenglish/1573116695_032094.html#">UK apologises for calling European arrest warrant for Catalan separatist "disproportionate" but they had their fingers crossed when they said it, because they said they will not execute the order until more information is provided.  :thup:

[Churchill]

It won't happen that quick they may not get her at all