Decision on Spain’s European arrest warrant for Catalan leader pushed back to 4 December – the day before the region’s election campaign begins

This article is more than 2 years old

This article is more than 2 years old

A Belgian court has deferred a decision on Spain’s extradition request for the exiled Catalan leader Carles Puigdemont and four members of his former government to next month.

Puigdemont’s lawyer, Paul Bekaert, said no decision had been taken during Friday’s short hearing and the case would resume on 4 December.

The timing of the hearing is potentially incendiary as it will take place 24 hours before the start of Catalonia’s regional election campaign.

Q&A Will Belgium hand Carles Puigdemont over to Spain? Show Hide The aim of the European Arrest Warrant system is to do away with political interference in controversial extradition cases. Countries cannot refuse an extradition request on the grounds that the suspect has claimed political asylum. However, the EAW does allow a country to refuse to hand over a suspect on the grounds that he or she is being sought on the basis of nationality or political opinions – factors that could apply to Puigdemont.

"The key questions for the Belgian extradition court are likely to be whether the criminal allegations are politically motivated and whether the Spanish authorities are acting abusively," says Andrew Smith, an extradition specialist at the law firm Corker Binning.

Any decision by a lower tribunal in Belgium can be appealed up through the higher courts. Given an inventive legal team, Puigdemont could technically slow the process this way. Read more

Spain issued a European arrest warrant for Puigdemont and his team earlier this month, seeking their extradition to face charges of sedition and misuse of state funds.

Puigdemont handed himself in to Belgium’s judicial police two weeks ago, and Friday afternoon’s hearing at the Palace of Justice in Brussels was the first time he and his ministers had appeared before judges.

After the hearing, Bekaert said the prosecution had “asked for the execution of the extradition request” but that Puigdemont’s defence team was free to offer written evidence before the next court hearing. “So nothing has been decided today,” he said.

Facebook Twitter Pinterest Lawyers for the Catalan separatist leader Carles Puigdemont speak outside the Palace of Justice in Brussels. Photograph: Aurore Belot/AFP/Getty Images

Spain has supplied the Belgian federal prosecutor with information it had sought about the conditions that Puigdemont would face in jail should the arrest warrant be executed.

Spain’s interior ministry said on Friday it had sent a document answering 14 prosecution questions about cell conditions, security guarantees, recreation, hygiene and food at the relevant jails.

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Spain explained that Puigdemont would be sent to the modern Estremera prison outside Madrid and would have a cell of his own with a shower and toilet, or he could share it with one of his ex-ministers.

The ministry said the ousted Catalan government members, who are being sought for rebellion, sedition and embezzlement, would have access to their lawyers.

Spain’s interior minister, Juan Ignacio Zoido, said earlier in the week that all the information requested had been sent but pointed out that “Spain is a state of law for many years”. He added: “Nobody in Europe is going to give us lessons.”