Scottish courts have “no jurisdiction” on the extradition to Spain of Clara Ponsati, a member of the European Parliament, to deal with a charge relating to participation in the unauthorized 2017 Catalonia self-reliance referendum, a judge has actually ruled.
Sheriff Nigel Ross concurred that the possible extradition of the previous University of St Andrews scholastic is a “matter for the Spanish authorities,” as the legislator has actually shown she will stagnate back to Scotland from Belgium.
As he dismissed the case at Edinburgh Sheriff Court, Ross stated:
“Extradition, in this case, is impractical.
“The court has, in impact, no jurisdiction in this matter.” He added: “You can’t extradite somebody who is not here.”
The discharge was not opposed by the crown’s lawyers, although they criticized a ” clear breach of the position of trust that [Ponsati] remained in” due to an alleged failure to tell the court she was resigning her post at St Andrew’s and moving to Belgium.
They added that because of Ponsati’s indication she would not be returning to Scotland, the decision of the court to dismiss the case was a ” inevitable conclusion.”
Ponsati, who did not participate in Thursday’s hearing, deals with a charge of sedition in Spain for her supposed function in Catalonia’s unauthorized self-reliance referendum in 2017.
She ended up being a European legislator after 5 seats in the European Parliament were provided to Spain when Britain left the EU in 2020. This managed Ponsati, previous Catalan president Carles Puigdemont, and previous Catalan health minister Toni Comin, who likewise ended up being European legislators, defense as members of the EU assembly.
However, in March, members of the European Parliament voted to raise that resistance.
Ponsati might be sentenced to 15 years behind bars if founded guilty, with 9 other Catalan authorities provided prison sentences of in between 9 and 13 years for the very same offense in fall 2019.
In a declaration after the most recent hearing in Edinburgh, Ponsati’s lawyer, Aamer Anwar, stated the legislator had her passport returned in November 2019.
She used up her parliamentary function in Brussels on February 1, 2020, and now lives and operates in the city.
Anwar stated: “This morning we appeared at court on Clara’s behalf, the court had already anticipated that Clara Ponsati was no longer in Scotland’s jurisdiction and it was agreed that she should be discharged as a requested person and these court proceedings for her extradition have finally been brought to an end.
“No logical argument has actually existed by Spain which validates the
criminalization of its residents, who want to quietly argue for a various type of federal government or just the right to self-determination, acknowledged in regards to the charter of the United Nations.
“In conclusion, Clara wishes to thank the many people in Scotland, as well as those across Europe, who have given her so much love, support, and solidarity through difficult times and hopes that one day she can return from political exile to her beloved Catalonia.”
Anwar stated a complete case on Ponsati’s extradition to Spain stays to be heard at the European Court of Justice.