A German court on Thursday agreed to release on bail former Catalan President Carles Puigdemont and said his extradition to Spain was possible on the basis of corruption charges there, but not on the more serious charge of rebellion.

BERLIN: A German court on Thursday agreed to release on bail former Catalan President Carles Puigdemont and said his extradition to Spain was possible on the basis of corruption charges there, but not on the more serious charge of rebellion.

Puigdemont was arrested on entering Germany last month on a Spanish-issued arrest warrant. Spain accused the Catalan separatist of rebellion and corruption after he organised an unsanctioned independence referendum.

The court said the rebellion charge Puigdemont faced in Spain was not a criminal offence in Germany, while the violence component that would justify a high treason charge was also missing.

Proceedings to decide whether to extradite him on corruption charges could continue, however, it said.

"There is a risk of flight," the court said in its explanation of its decision to grant bail. "But since extradition on rebellion charges is impermissible, the risk of flight is substantially lessened."

The Spanish government was not immediately able to comment.

Puigdemont entered Germany on his way back from Finland to Belgium, where he is living in self-imposed exile. </s> Former Catalan leader Carles Puigdemont can be released on bail, a German court has ruled.

But he must remain in Germany while extradition proceedings continue and report to police once a week. He must also report every change of residence.

A court in the northern town of Schleswig set bail at €75,000 (£65,500).

It was not precisely clear when he will be released, but a message on his Twitter feed read: "We will see each other tomorrow. Thank you all!"

Mr Puigdemont is accused by the Spanish authorities of rebellion and misuse of public funds following an unauthorised referendum last year on Catalonia's independence from Spain.

The 55-year-old was detained in Germany on a Spanish arrest warrant as he attempted to drive from Finland to Belgium on 25 March.

He has been living in Belgium since fleeing Spain to escape arrest, and has been held at a prison in Neumuenster.

German prosecutors have argued that the charge of rebellion is similar to Germany's offence of treason.

But the court disagreed, saying that Mr Puigdemont cannot be extradited for rebellion.

Responding to the ruling, a Spanish official said Mariano Rajoy's government respects judicial decisions "always, when it likes them and when it doesn't".

The official added: "Spanish justice will adopt the appropriate measures in the face of these new circumstances."

Mr Puigdemont's Spain-based lawyer, Jaume Alonso-Cuevillas, said on Twitter: "I always said that I had full confidence in the German judiciary." </s> A German court has ruled that former Catalan leader Carles Puigdemont can be released on bail pending a decision on his extradition to Spain.

Judges found the most serious accusation against him is not punishable under German law.

The state court in the northern town of Schleswig said it set conditions including a 75,000-euro payment for the 55-year-old to leave prison.

It was not immediately clear when he would be released, though it appeared unlikely before Friday morning.

“We will see each other tomorrow. Thank you all!” a message posted on his Twitter feed read.

Mr Puigdemont was detained on a European arrest warrant shortly after entering Germany on March 25.

He was trying to drive from Finland to Belgium, where has been living since fleeing to escape arrest in Spain. He has been held at a prison in Neumuenster.

Spanish authorities accuse Mr Puigdemont of rebellion and misuse of public funds in organising an unauthorised referendum last year on Catalonia’s independence from Spain.

German prosecutors argued earlier this week that the main charge of rebellion is equivalent to Germany’s criminal offence of treason.

German law calls for prison sentences for anyone who “undertakes, by force or through threat of force” to undermine the republic’s existence or change its constitutional order.

However, the court disagreed on Thursday, saying Mr Puigdemont cannot be extradited for rebellion.

It found that the accusations against Mr Puigdemont do not satisfy the precedents set by previous German rulings, which call for a use or threat of force sufficient to bend the will of authorities.

“That is not the case here,” the court said in a statement.

Judges will consider Mr Puigdemont’s extradition on the less serious charge of misusing public funds, meaning that he only could face trial for that if he were returned to Spain.

They said that there was no indication he could be “exposed to the danger of political persecution”.

The court said that because Mr Puigdemont cannot extradited for rebellion he posed less of a flight risk and could be released on bail.

If Mr Puigdemont makes the bail payment and leaves prison, he cannot leave Germany without prosecutors’ approval, must inform prosecutors of every change of residence and report to police once a week, court spokeswoman Frauke Holmer said.

In response to the German court’s ruling, a Spanish official said the government in Madrid respects judicial decisions “always, when it likes them and when it doesn’t”.

The official said: “Spanish justice will adopt the appropriate measures in the face of these new circumstances.”

“I always said that I had full confidence in the German judiciary,” Jaume Alonso-Cuevillas wrote on Twitter, adding: “We continue.” </s> German state prosecutors have made a formal request for former Catalan president Carles Puigdemont to be extradited to Spain.

The request at the upper regional court of the state of Schleswig-Holstein on Friday stated that the public prosecutors held the request from Madrid to be admissible.

Puigdemont was arrested in March in Germany on the way back by road from an appearance in Finland, based on Madrid's extradition request on charges of rebellion after he went ahead with an independence referendum in Catalonia in October that Madrid deemed unconstitutional.

The court had previously ruled that the extradition on the basis of rebellion was not permissible, because the comparable German charge of treason stipulates that the defendant must have committed violence.

The prosecution said last month it had received new evidence, namely videos showing violence against Spanish police.

The riots depicted "were on such a scale" that Puigdemont should be extradited on charges of rebellion, the prosecutors said. </s> BERLIN (AP) — German prosecutors made a fresh request Friday to have former Catalan leader Carles Puigdemont taken into custody pending a ruling on his extradition to Spain.

A court in northern Germany had allowed Puigdemont, Catalonia's former regional president, to leave jail on bail shortly after he was detained March 25 at Spain's request.

Spanish authorities have charged him with rebellion and misuse of funds in connection with an unauthorized referendum last year on Catalonia's independence from Spain.

Schleswig prosecutors said in a statement that they believe Puigdemont poses a flight risk and asked the regional court reimpose extradition detention.

Prosecutors also said they will continue to press for Puigdemont to be extradited on both the misuse of funds and the rebellion charges, arguing that violence which followed the independence vote could be attributed to Puigdemont's decision to press for the vote.

The Schleswig regional court had earlier questioned whether the rebellion charge is applicable.

"Furthermore, there are no hurdles to extradition," prosecutors said, adding that the case against Puigdemont didn't amount to political persecution.

In a separate statement, the court said it was examining the prosecutors' latest submission but couldn't confirm whether judges would make a ruling before the end of June. </s> The public prosecutor for Germany's northern state of Schleswig-Holstein announced on Tuesday that it had requested the extradition of former Catalan President, Carles Puigdemont.

Read more: Former Catalan President Carles Puigdemont detained in Germany

Puigdemont is being charged in Spain with rebellion and misuse of public funds, for his involvement in the Catalan independence referendum of October 2017. The former leader was living in self-imposed exile in Belgium and was in Finland on March 24, when Spain reactivated the European arrest warrant against him. Puigdemont was arrested when he entered Germany on March 25, as he was making his way back to Belgium.

Puigdemont's case has now gone to Schleswig-Holstein's highest court, where a so-called senate of three judges will decide whether the request for extradition has the necessary substance and whether Puigdemont should continue to be held.

"At the moment, it is too early to say when a decision by the Senate for Criminal Matters on the application for the extradition arrest warrant may be expected," the court said in a statement.

The German government said on March 30 that it would not interfere or veto any court decision on Puigdemont's fate, as the act would be considered a "legal affront" by the federal government against the judicial system.

Charge of rebellion amounts to high treason in Germany

Whether or not Puigdemont will be extradited hinges upon whether the crimes he's accused of in Spain are also illegal in Germany. In a press statement, the prosecutor's office said that the Spanish crime of rebellion was the equivalent of the German offense of high treason, even though the two laws in question were worded differently.

Prosecutors also argued that it was reasonable for Puigdemont to be brought up on charges of misuse of public funds since the Catalonia independence referendum cost more than a million and a half euros.

Read more: German lawyer says Berlin cannot extradite former Catalan leader Carles Puigdemont

The prosecutors said that Puigdemont should continue to be kept in custody because he represents a flight risk.

After Puigdemont's arrests, supports of the Catalonian leader took to the streets in various cities in Spain and Germany to demand his release. Members of Germany's Left Party have also visited Puigdemont in the prison where he is being held in the northern German city of Neumünster.

"The Spanish judicial system has obviously cobbled together a politically motivated charge in accusing Puigdemont of misusing state funds for carrying out the referendum," said the Left Party's Sevim Dagdelen in a statement. "The Catalonia conflict should be solved politically instead of further criminalizing those involved in it."

The other German parties have said that Puigdemont's extradition is a matter for German courts. According to the guidelines of European law, Puigdemont's case should be decided within 60 days of his arrest, although no date has been set for the higher court in Schleswig-Holstein to render its decision. Puigdemont has the option of filing a challenge to Germany's Federal Constitutional Court, should the decision go against him.

Each evening at 1830 UTC, DW's editors send out a selection of the day's hard news and quality feature journalism. You can sign up to receive it directly here. </s> Prosecutors in Germany are seeking the extradition of former Catalan separatist leader Carles Puigdemont to Spain, where he could face trial for his role in organising an independence referendum.

Prosecutors in Germany are seeking the extradition of former Catalan separatist leader Carles Puigdemont to Spain, where he could face trial for his role in organising an independence referendum.

Mr Puigdemont was detained in Germany on March 25 as he attempted to drive from Finland to Belgium, where he currently resides.

Prosecutors in the northern town of Schleswig said they have asked the regional court to formally put him in pre-extradition custody following “intensive examination” of the European arrest warrant issued by Spain’s supreme court on March 23. If the court agrees to the request, prosecutors would still need to issue an order signing off on Mr Puigdemont’s extradition.

In addition to rebellion, Madrid accuses the 55-year-old of misuse of public funds. Schleswig prosecutors said in a statement they consider the charge of rebellion to have an equivalent in German law – one of the requirements for extradition to take place.

“The accusation of rebellion contains at its core the allegation of carrying out an unconstitutional referendum despite expectations of violent disturbances,” the prosecutors said. They noted that during a meeting with police on September 28, Mr Puigdemont was warned that violence might escalate on the day of the October 1 referendum, but his government went through with it anyway.

In an interview from jail, published on Monday, Mr Puigdemont insisted the campaign for the Spanish region’s independence was nonviolent. The Schleswig court is likely to take several days to decide on the prosecutors’ request. </s> Fugitive former Catalan leader Carles Puigdemont has made a renewed call for Spanish authorities to open negotiations over Catalonia's secession claim, a day after he was released from a German prison.

Mr Puigdemont told reporters he hoped a German court's decision not to extradite him to Spain on charges of rebellion shows that "dialogue is needed" to defuse the political conflict in his home country.

"I hope the situation could help ... Spanish authorities understand that political measures are needed," Mr Puigdemont said at a press conference in Berlin. "This opens a new opportunity of dialogue."

The former leader left a German prison in Neumuenster on bail on Friday, almost two weeks after his arrest, after the Schwesig state court in Germany decided the charge of rebellion did not warrant extradition because the accusation is not punishable under German law.

Mr Puigdemont can still be extradited on the less serious charge of misuse of funds to hold Catalonia's banned independence referendum last year.

German justice minister Katarina Barley applauded the court's decision to free Mr Puigdemont on bail as "absolutely right" and what she had expected.

Ms Barley said it was now up to Spain to prove the other charges against Mr Puigdemont, which she said "won't be easy".

She said that if Spain could not prove the allegations of misuse of public funds, "then Mr Puigdemont will be a free man in a free country - namely in Germany".

Misuse of public funds carries a sentence of up to eight years in Spain, while a rebellion sentence can reach 30 years.

Spanish Prime Minister Mariano Rajoy, speaking in the southern Spanish city of Seville, said his government respects the decision by the German court.

He said his government "upholds and abides by" rulings by courts in Spain and elsewhere.

Mr Rajoy's position was not shared by the leading politician of his conservative Popular Party in Catalonia.

Xavier Garcia-Albiol said the decision not to extradite Mr Puigdemont could hurt the "confidence" Spaniards have in "European institutions".

Carles Puigdemont holds a bunch of flowers as he and supporters sing after a news conference in Berlin today. Photo: AP Photo/Michael Sohn.

Mr Puigdemont, 55, told reporters he would stay in Berlin until his extradition case is concluded.

If he is not sent back to Spain, he said he plans to return to Belgium, where he has established residency in Waterloo since fleeing from Spain in October.

The former Catalan leader was detained on a European arrest warrant after entering Germany on March 25th.

The issue of breaking century-old ties with the rest of Spain has divided the 7.5 million residents of the wealthy Catalonia region roughly in half.

Pro-independence parties managed to maintain their slim majority in the regional parliament during local elections in December.

The pro-independence parties have since been locked in drawn-out negotiations on how to form a government, with Spanish courts blocking efforts to reinstall Mr Puigdemont or elect other jailed separatists as regional head.

On Saturday, the speaker of Catalonia's regional parliament again proposed that jailed separatist activist Jordi Sanchez be elected as the new Catalan leader.

Mr Puigdemont also said on Saturday that he was backing a second attempt to elect Sanchez, who failed last month to convince a judge to let him out of jail to attend an investiture debate in the Barcelona-based chamber. </s> Prosecutors in Germany are to seek a warrant to extradite the former Catalan president Carles Puigdemont to Spain.

Mr Puigdemont was detained by German authorities last month at the Danish border.

The former regional leader is wanted in Spain, where he faces charges of 'rebellion' and misuse of public funds - accusations arising from his role in the disputed Catalan independence referendum.

Mr Puigdemont has been in self-imposed exile from Catalonia and Spain since late last year.

Facing a European arrest warrant, prosecutors in Germany will now seek a court's permission to extradite Mr Puigdemont.

In a statement, officials said: "The prosecutor's office of Schleswig-Holstein state applied for an extradition arrest warrant against former Catalonian regional president Carles Puigdemont from the Higher Regional Court in Schleswig-Holstein."

The prosecutors said the rebellion charges - defined as 'an unconstitutional act despite expectations of violent disturbances' - have a general equivalent in German law, which is among the requirements for extradition applications.

It is not yet known when the German court will make its decision.

Associated Press reports that the former regional lawyers' will ask the court to reject the decision, and have also called on the German government to intervene over the case's 'political dimension' in Spain.
Carles Puigdemont is released on bail, following the German judge's decision that he cannot be extradited for rebellion. However, proceedings for misuse of public funds are being considered against Puigdemont.