The Supreme Court of Spain rejected Carles Puigdemont's pardon request due to embezzlement charges in the "Process" case related to the Catalan independence movement. This case peaked in 2017 when Catalonia held an illegal referendum and declared unilateral independence. The Supreme Court has also maintained the national arrest warrant for the former president of Catalonia.
Details of the Pardon Request Rejection
The judge of the case, Pablo Llarena, rejected Carles Puigdemont's request following a ruling from the European Court of Justice issued on July 16. The Supreme Court agreed with the Socialist government's argument that the pardon law in 2024 aligns with European Union laws for Catalan separatists. However, Puigdemont was excluded from this pardon for two reasons: first, his intent to gain personal financial profit, and second, harming the financial interests of the European Union.
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The European Court of Justice had stated that granting a pardon for the misuse of funds does not undermine the financial interests of the Union. However, Llarena emphasizes that this ruling rejected the pardon due to Puigdemont's personal intent to gain financial benefits. He points out that the Spanish Constitutional Court has not yet issued a ruling on how to implement the pardon law in this context.
Legal and Political Consequences
Defensive requests to annul the national arrest warrant have been rejected on the grounds that the case may be closed or that the pardon should be applied. Llarena also notes that this rejection does not mean that the ruling cannot be reviewed in the future, and if circumstances change, it may be reconsidered. Because the arrest warrant is national, Puigdemont and his associates can only be arrested if they enter Spanish territory.
Llarena has also rejected requests to transfer the case to the High Court of Justice of Catalonia or the courts of Barcelona. He also dismissed the request to close the case based on the principle of "non bis in idem" that the defense had cited. Llarena emphasizes that the ruling of the European Court of Justice, due to Puigdemont's intent to gain personal financial benefits, still prevents the application of the pardon law regarding embezzlement charges.
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