Prosecutor's Office asks Supreme Court not to drop European Arrest Warrants for Puigdemont and Comín and to suspend their immunity

This Monday the Prosecutor's Office called on the Supreme Court not to drop the European Arrest Warrants (EAW) for former President Carles Puigdemont and former Minister Toni Comín, which the Belgian courts are currently considering, and for it to also ask the European Parliament to suspend the pair’s immunity "at the earliest possible opportunity". It is the Prosecutor’s Office’s response to the situation the two Catalan politicians currently find themselves in following last Thursday’s ruling by the European Court of Justice, which recognized Oriol Junqueras’ immunity as a Member of the European Parliament and which subsequently led it to begin the process of recognizing Puigdemont and Comín as MEPs and granting them accreditation.

According to the Prosecutor's Office, the ruling ought not to have any effect on the former president and the former minister’s status, since the "severity" of the acts which Puigdemont and Comín stand accused of -which the letter points out took place before the European elections- and the fact that they are "fugitives" from justice mean that the EAW and the charges of rebellion should stand. The Prosecutor's Office argues that, "The fact that they have committed very serious crimes and that they remain defiant [...] justifies the need to maintain the precautionary measures for both individuals, and the EAW in particular".

The Prosecutor's Office also accuses Puigdemont and Comín, without presenting any evidence, of standing in the European elections in order to acquire immunity and to evade prosecution. In its letter to the Supreme Court, the Public Prosecutor's office states that, "Their real intention was to take advantage of the blanket immunity which they believed they were entitled to upon being elected as MEPs, for the purpose of obtaining freedom and circumventing the criminal process".

The Supreme Court granted all parties leave to appeal the ECJ’s decision within five days. According to the Prosecutor's Office, the sentence does not change Comín and Puigdemont’s position. As a result, it is calling on Supreme Court Judge Pablo Llarena, the investigating judge in the case against the independence process, to inform the European Parliament that the legal proceedings against Puigdemont and Comín will continue, with the aim of preventing them from being accredited as MEPs. The Prosecutor’s Office also calls on the Belgian justice system to wait for the European Arrest Warrants to be settled before the European Parliament decides on their immunity.