A Swedish court in Gothenburg has refused a Polish request for the extradition of a Stalinist-era judge suspected of issuing unlawful death sentences to underground fighters in the 1950s.

Judge Mats Hagelin justified the decision by declaring that the crimes that the former judge, Stefan Michnik, allegedly committed in Poland decades ago were covered by a statute of limitations under Swedish law.

In October, a Polish court issued an European arrest warrant for Michnik, who is suspected of committing 30 crimes “bearing the hallmarks of crimes against humanity” in Warsaw in 1952 and 1953.

The ninety-year-old, who has Swedish citizenship, is the step-brother of Adam Michnik, editor-in-chief of Poland’s Gazeta Wyborcza newspaper.

(mk/gs) </s> A civil society group has applied to join High Court proceedings in which an Irish judge has asked the European Courts to rule on whether mutual trust continues to exist between Poland and other Member States in EU extradition cases.

Fair Trial Europe, a non-Governmental organisation (NGO) which aims to “defend the human right to a fair trial”, has applied to join High Court extradition proceedings involving Artur Celmer, who is wanted to face trial in his native Poland on drug trafficking charges.

The proposed surrender of Mr Celmer, who was arrested in Ireland on foot of a European Arrest Warrant last May, was referred to the Court of Justice of the European Union (CJEU) last week for a ruling on the effect of recent legislative changes in Poland concerning the Polish judiciary, courts and public prosecutor.

In her decision to refer the case to Europe, Ms Justice Aileen Donnelly said a number of recent legislative changes in Poland were “so immense” that the High Court was forced to conclude that the rule of law in Poland had been “systematically damaged”.

Ms Justice Donnelly received suggested questions to send to Europe from the parties today although the precise wording is a matter for her. She said she would conclude all matters by the end of this week adding that she wouldn’t delay matters any further.

The proposed questions centre on which legal tests apply where the High Court, as an executing judicial authority, has found that the common value of the rule of law in Poland has been systemically breached.

A representatives from the Embassy of the Republic of Poland in Dublin was present in court for the matter.

Also in court were lawyers for Fair Trial Europe who made an application to join proceedings as an ‘amicus curiae’, or friend of the court, to assist matters.

Counsel for Fair Trial Europe, Brian Gageby BL, told Ms Justice Donnelly that his client wished to become involved in the matter when it goes before the CJEU and to provide assistance in terms of the questions being asked.

Mr Gageby said he fully appreciated the timing of the application, coming in at the “tail end of the case”. He said his client did not wish to meddle in proceedings. Their desired intention was to assist the CJEU, whether the NGO was permitted to be joined as an ‘amicus curiae’ or not.

Mr Gageby said the question was one of utility and what the proposed ‘amicus curiae’ could add to the proceedings.

Referring to an unsuccessful attempt by a “pro-life group” to join a recent Supreme Court case, Mr Gageby said it was held that the proposed ‘amicus curiae’ in that case had not indicated what they were “bringing to bear” in those proceedings.

He said Fair Trial Europe was an organisation with very considerable experience in dealing with the questions that were before the court in a pan-European context.

Counsel for the Minister for Justice, Remy Farrell SC, said Fair Trial Europe’s application had been made at the eleventh hour. That militated against allowing the NGO to be joined when an urgent preliminary ruling procedure was being contemplated.

Mr Farrell said the rules of the CJEU clearly stated that a person or body, who is not a party to the original proceedings before the domestic courts, cannot apply to be joined to proceedings in the CJEU.

He said it was difficult to understand what kind of unique perspective Fair Trial Europe could bring when their expertise related to the analysis and monitoring of trials after people had been surrendered or extradited. That was “precisely the issue that’s missing in this case,” referring to the fact Mr Celmer has not been surrendered or extradited.

Ms Justice Donnelly said she was going to consider all of the issues before her and would not delay matters any further. She said she would send the referral to Europe “as soon as possible”.

She said the application by Fair Trial Europe to join proceedings had, in one sense, caused a delay because the court had to consider the matter but the NGO was entitled to a ruling.

She said she would conclude all issues by the end of this week.

Mr Celmer was remanded until July 23rd next with liberty to bring the matter forward pending a decision from the CJEU.

Ms Justice Donnelly asked Mr Farrell how many Polish European Arrest Warrants were directly affected by this issue and, in particular, how many affected people were in custody.

Since her ruling, a distinction has been made between persons wanted in Poland for prosecution and persons wanted who had already been convicted and/or sentenced. Since her ruling, a number of people have been surrendered to Poland but only those who were already convicted and/or sentenced.

Mr Farrell said it should be possible to provide the court with some figures in that regard. </s> Madrid (AFP) - Spain's public prosecutor's office said Friday that it may appeal a German court's decision to reject the extradition of Catalonia's ousted separatist leader Carles Puigdemont to the European Court of Justice.

The German court had issued the preliminary ruling on Thursday, refusing Spain's request to send Puigdemont back to be judged for rebellion over his role in the region's failed secession bid last October.

But in a rare statement on a foreign court's decision, the Spanish office said it was "certain" that the German court's final ruling will respect the principle of "mutual recognition" of judicial decisions that is inherent in the European arrest warrant system.

"In any case, the prosecutor's office will study the possibility of exercising the relevant actions to protect and defend the European legal order... before the European Court of Justice," it added.

Based in Luxembourg, the European Court of Justice enforces the law of the 28-nation European Union.

The German court ruled that rebellion was not punishable under German law, and the closest equivalent, high treason, did not apply because Puigdemont's actions were not accompanied by violence.

But the court is still to decide whether to send the former Catalan president to Spain to face trial for alleged misuse of public funds.

Even if he is extradited on the lesser charge, the German court's refusal to accept the rebellion charge means under European law Puigdemont cannot be prosecuted in Spain for the offence, which several Spanish law professors and rights groups have called extreme.

A senior judge close to the case told AFP before the statement was released that a "protest note" was being prepared in response to the German court's decision.

The court was "undermining European judicial cooperation", the judge said, adding that it was up to Spain's Supreme Court "to interpret the concept of violence" in this case.

The Supreme Court also said in a statement that its judge Pablo Llarena, who is in charge of investigating the role played by Catalonia's separatist leaders, was considering consulting the European Court of Justice on the procedure for extradition among EU member states.

Puigdemont walked out of a German prison on Friday following the ruling, calling for "political dialogue" with Madrid to resolve the row over the region's independence bid. </s> Spain's public prosecutor's office said Friday that it may appeal a German court's decision to reject the extradition of Catalonia's ousted separatist leader Carles Puigdemont to the European Court of Justice.

[MADRID] Spain's public prosecutor's office said Friday that it may appeal a German court's decision to reject the extradition of Catalonia's ousted separatist leader Carles Puigdemont to the European Court of Justice.

The German court had issued the preliminary ruling on Thursday, refusing Spain's request to send Mr Puigdemont back to be judged for rebellion over his role in the region's failed secession bid last October.

But in a rare statement on a foreign court's decision, the Spanish office said it was "certain" that the German court's final ruling will respect the principle of "mutual recognition" of judicial decisions that is inherent in the European arrest warrant system.

"In any case, the prosecutor's office will study the possibility of exercising the relevant actions to protect and defend the European legal order... before the European Court of Justice," it added.

Based in Luxembourg, the European Court of Justice enforces the law of the 28-nation European Union.

The German court ruled that rebellion was not punishable under German law, and the closest equivalent, high treason, did not apply because Puigdemont's actions were not accompanied by violence.

But the court is still to decide whether to send the former Catalan president to Spain to face trial for alleged misuse of public funds.

Even if he is extradited on the lesser charge, the German court's refusal to accept the rebellion charge means under European law Puigdemont cannot be prosecuted in Spain for the offence, which several Spanish law professors and rights groups have called extreme.

A senior judge close to the case told AFP before the statement was released that a "protest note" was being prepared in response to the German court's decision.

The court was "undermining European judicial cooperation", the judge said, adding that it was up to Spain's Supreme Court "to interpret the concept of violence" in this case.

The Supreme Court also said in a statement that its judge Pablo Llarena, who is in charge of investigating the role played by Catalonia's separatist leaders, was considering consulting the European Court of Justice on the procedure for extradition among EU member states.

Mr Puigdemont walked out of a German prison on Friday following the ruling, calling for "political dialogue" with Madrid to resolve the row over the region's independence bid. </s> German prosecutors have asked a court to permit the extradition of former Catalan separatist leader Carles Puigdemont to Spain.

Prosecutors in the northern town of Schleswig said on Tuesday they have submitted a request to the regional court following “intensive examination” of the European arrest warrant issued by Spain.

Puigdemont has been detained in Germany since 25 March. Spain accuses the 55-year-old of rebellion in organising an unauthorised referendum.

The Schleswig court is likely to take several days to decide whether to extradite Puigdemont.

His lawyers have urged the German government to intervene in the case, citing the “political dimension.” </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. </s> German prosecutors on Tuesday asked a court to order the extradition of Catalonia’s ousted president Carles Puigdemont on a rebellion charge following his arrest in Germany last month.

The request comes after protests by independence supporters at the weekend in Berlin and Catalonia calling for Puigdemont’s immediate release.

“The prosecutor’s office of Schleswig-Holstein state applied for an extradition arrest warrant against former Catalonian regional president Carles Puigdemont from the superior regional court,” it said in a statement.

It was not immediately clear when the court would rule on Puigdemont’s possible extradition.

Puigdemont was arrested by German police on March 25 as he was travelling from Finland back to Belgium, where he has been living in self-imposed exile since Catalonia’s failed independence bid last October.

The detention came two days after a Spanish judge issued European arrest warrants for Puigdemont and other fugitive separatist leaders.

They have been ordered to stand trial for rebellion, misuse of public funds and disobeying the state for organising last year’s referendum on Catalan independence, which Madrid deemed illegal.

Puigdemont’s arrest has sent tensions soaring at home, triggering a wave of protests in the wealthy northeastern Spanish region.

German judges have ordered Puigdemont to remain in custody in the northern town of Neumuenster as they mull Spain’s request for him to be handed over.

They have 60 days to make a decision.

German media say the request has been complicated by the fact that rebellion, which carries a maximum penalty of 30 years in jail in Spain, is not a crime under German law.

However the prosecutor’s office argued in its statement that the rebellion charge “contains in essence the accusation of calling an unconstitutional referendum despite violent riots that could be expected” matching the German charge of “treason”.

“Word-for-word conformance between the German and Spanish criminal codes is thus not legally required,” it said. </s> Catalan accused by Spain of running unauthorised referendum was detained in Germany last week

This article is more than 1 year old

This article is more than 1 year old

German prosecutors have asked a court to permit the extradition of the former Catalan separatist leader Carles Puigdemont to Spain.

Prosecutors in the northern town of Schleswig announced on Tuesday morning they have requested Puigdemont to be put under arrest for extradition purposes after “intensive examination” of the European arrest warrant issued by Spain.

The former Catalan president has been detained at a prison in the town of Neumünster since he was picked up on 25 March, shortly after crossing over the Danish border into northern Germany.

Puigdemont had been living in self-imposed exile since Catalonia’s unilateral declaration of independence in October, but left the country last month to give a series of talks in Finland.

Spain is seeking the 55-year-old’s extradition under charges of misuse of public funds in relation to that declaration, as well as “rebellion” in organising an unauthorised referendum.

An extradition request requires that the conduct that gave rise to the arrest warrant in Spain would also be punishable under German criminal law. But while the charge of rebellion has not been part of the German criminal code since the 1960s, the state prosecutor said on on Tuesday it believed it could be equated with high treason in German law.

The Schleswig court is likely to take several days to decide whether to extradite Puigdemont, and could yet come to a different conclusion.

The Catalan separatist’s lawyers have filed an appeal and urged the German government to intervene in the case, citing its “political dimension”. The appeal states that the offence of rebellion, which under Spanish law can fetch up to 30 years in prison, was unjustified since there were only isolated instances of violence before the independence referendum on 1 October.

However, German media is reporting that Angela Merkel’s government has already decided not to veto any decision made by the judiciary.

“Spain is a democratic state where rule of law exists”, the chancellor’s spokesman, Steffen Seibert, said last week. “It remains the conviction of the German government that a solution to this Catalonia conflict has to be found within Spain’s legal and constitutional order”. </s> German prosecutors have asked a court in Germany to permit the extradition of the former Catalan separatist leader Carles Puigdemont to Spain.

The prosecutors in the northern state of Schleswig-Holstein applied for extradition of Puigdemont after “extensive examination” of the European arrest warrant issued by Spain against him and five other fugitive separatist leaders.

The prosecutors also ask that Puigdemont is to remain in jail until the court decides on his charges.

It is not immediately clear when the court will rule on his possible extradition.

Puigdemont was arrested by German police on March 25 as he was travelling from Finland back to Belgium, where he was living in self-imposed exile since Catalonia’s independence referendum last October.

Spain is seeking the former president’s extradition under charges of misuse of public funds in relation to Catalonia’s independence declaration, as well as “rebellion” in organising a referendum, which Madrid has deemed illegal.

The request by prosecutors for his extradition comes after demonstrations by independence supporters last weekend in Berlin and Catalonia, calling for Puigdemont’s release.

An extradition request requires that the conduct that gave rise to the arrest warrant in Spain would also be punishable under German criminal law.

While the charge of rebellion does not apply in Germany, the state prosecutor said on Tuesday that it could be equated with high treason in German law.

A lower court in Germany had already ordered Puigdemont to remain in custody in the northern town of Neumuenster as judicial authorities decide on his extradition.

They have 60 days to make a decision.

Puigdemont’s lawyers said they will appeal the order of extradition to a German federal court.

In Spain, Puigdemont has already filed an appeal against a decision to prosecute him, arguing that the rebellion charge against him is unjustified.

His lawyers have also urged the German government to intervene in the case.

German media has reported, however, that Angela Merkel’s government has already decided not to veto any decision made by the court.
A Swedish district court rejects the application of a European arrest warrant to extradite from Sweden to Poland a Stalinist-era judge, Stefan Michnik, suspected of issuing unlawful death sentences to underground fighters in the 1950s.