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Catalan separatist leader handed amnesty lifeline by Spanish prosecutors

Spain's public prosecution on Friday said it would appeal a Supreme Court decision not to grant amnesty to Catalan separatist leader Carles Puigdemont on a misuse of public funds charge.

Catalan separatist leader handed amnesty lifeline by Spanish prosecutors
Spanish MPs in May passed an amnesty law aimed at drawing a line under years of efforts to prosecute those involved in the botched secession bid that triggered Spain's worst political crisis in decades. (Photo by Matthieu RONDEL / AFP)

“The public prosecutor disagrees with the interpretation” of the judge who on Monday refused amnesty for Puigdemont, who has been living in exile in Belgium after fleeing Spain to avoid prosecution over the botched 2017 Catalan independence bid.

In the decision, judge Pablo Llarena said the newly-minted amnesty law for Catalan separatists could not be applied in Puigdemont’s case because it fell into the category of two exceptions: where the money taken was used for personal gain and where it involved European Union funds.

The public prosecutor’s office said it would also ask that the detention orders against Puigdemont and others also be lifted, as required by the law.

The Supreme Court move came just over a month after MPs passed an amnesty law aimed at drawing a line under years of efforts to prosecute those involved in the botched secession bid that triggered Spain’s worst political crisis in decades.

Blocking the amnesty for Puigdemont could complicate life for Prime Minister Pedro Sánchez, who in November offered the amnesty in exchange for the crucial parliamentary support of Catalan parties to secure a new term in office.

After parliament passed the amnesty law on May 30th, judges were given two months to apply the legislation by annulling the charges and cancelling any arrest warrants against the separatists.

But with the legislation being applied on a case-by-case basis, it looks set to be a long and drawn-out process.

Last year, the Supreme Court dropped the sedition charges against Puigdemont and two others following a controversial criminal code reform.

But prosecutors filed fresh charges against them for misuse of public funds and disobedience in connection with the independence bid.

Although both charges fall under the scope of the new law, there were two exceptions for misappropriation of public funds — both of which have been applied in Puigdemont’s case.

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SPAIN AND THE UK

‘Starting now’: New UK govt wastes no time in Gibraltar post-Brexit talks with Spain

The UK's new Foreign Secretary David Lammy has already spoken to his Spanish counterpart, raising hopes that Gibraltar's post-Brexit uncertainty could finally come to an end.

'Starting now': New UK govt wastes no time in Gibraltar post-Brexit talks with Spain

There are early signs that the recent change of government in the UK could inject some momentum into treaty negotiations to finally settle Gibraltar’s post-Brexit status, some eight years after the referendum vote and four after the UK officially left the EU.

Spain’s Foreign Minister José Manuel Albares has already spoken to his newly appointed British counterpart, David Lammy, and the pair have agreed to “work from now on” on issues including “reaching an agreement in relation to Gibraltar.”

READ ALSO: What Labour’s UK election win means for Brits in Spain

Albares reported the conversation on social media over the weekend.

The Minister said in his post on X that they not only spoke about Gibraltar but a range of issues including “the welfare of our citizens living in the other country” as well as reaching consensus on “mobility, trade, investment” and “support for Ukraine and the crisis in Gaza”.

Around 400,000 UK nationals live in Spain, the largest British migrant community in Europe. The latest data from Spain’s national statistics body INE show that there were around 180,000 Spaniards living in the UK at the beginning of 2023.

But many in Gibraltar, Britain’s tiny overseas territory at the southernmost tip of Spain, will hope that Lammy’s appointment can bring a new approach and some impetus to treaty negotiations, of which there have been seemingly endless rounds over several years.

Lammy wrote in The Local over the weekend that the new Labour government “will reset relations with Europe as a reliable partner, a dependable ally and a good neighbour.”

“But if we are to fulfil our ambitions for a reset,” Lammy added, “we must also improve Britain’s relationship with the European Union.”

READ ALSO: ‘It’s time to reset Britain’s relations with Europe’

The new Minister previously said during the election campaign that he would tackle negotiations on Gibraltar’s post-Brexit status from where his predecessor, David Cameron, left off.

Spanish media reports during recent months suggested that progress had been made after Cameron’s surprise return to frontline politics, but they were suspended for the UK election campaign.

“It’s a file that clearly I will pick up from David Cameron, and I look forward to doing that,” Lammy stated. “I recognise it’s an outstanding issue that comes out of the Brexit arrangements, and I will pick that up.”

Last May, the UK, Spain and the European Commission made progress in Brussels during negotiations on the economic, trade, mobility, environmental and social welfare aspects of an agreement, but did not provide details on the issues yet to be resolved.

However, throughout treaty negotiations sovereignty and the use of Gibraltar’s airport, as well as the possibility of Spanish border guards on British soil, have been sticking points.

Gibraltar’s Chief Minister Fabian Picardo stated on social media that he too had spoken with Lammy. “The re-stated commitment, this morning, by David Lammy to the “Double Lock” on British Sovereignty of Gibraltar is very welcome,” Picardo said.

Despite the referendum vote being eight years ago, and the UK officially leaving the EU four years ago, there is still no official Brexit deal for Gibraltar. Since then locals have lived in uncertainty and border arrangements have essentially been fudged by Spanish authorities and proven unpredictable.

Following the election of Labour in last week’s general election, Spain and the UK are arguably Europe’s two most high profile left-leaning governments amid a broader rightward swing across the rest of the continent.

Picardo noted this potential political alignment in his post on X: “For the first time in history, we have socialist parties in government in London, Madrid and Gibraltar… that ideological solidarity will no doubt help us in our work.”

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