CATALAN President Quim Torra will visit Scotland next week to meet Nicola Sturgeon and Clara Ponsati, the St Andrews academic and former Catalan education minister who is fighting extradition to Spain, her lawyer has revealed.
Torra, who was sworn in as president in May, will fly to Scotland on Tuesday after a meeting on Monday with Pedro Sanchez, the Spanish prime minister.
He will then have a private meeting with Ponsati before seeing the First Minister at Bute House, her official residence in Edinburgh.
His visit will follow the latest procedural hearing of Ponsati’s case at Edinburgh Sheriff Court today, ahead of a four-week hearing scheduled for later this summer.
She faces prosecution in Spain on charges of rebellion and misappropriation of €1.6 million (£1.4m) of public funds for her role in the Catalan independence referendum last October.
Her lawyer Aamer Anwar, described the prosecution as “politically motivated”, and said she could face a total sentence of up to 33 years if she is sent there and convicted, raising fears the 61-year-old could spend the rest of her life in jail.
Ponsati’s legal team maintains that the condition of “dual criminality” – establishing equivalent charges in Scots law – is not fulfilled, and that a European arrest warrant should not be executed.
However, Anwar said the advocate depute, acting on behalf of Spain, had advised him that she faces the equivalent charges of conspiracy to alter the constitution by criminal means and treason in Scots law.
The relevant factors in both are breach of duty by the holder of public office, wilful, culpable and reckless disregard of repeated court rulings and mass mobilisation of the public.
Anwar said: “Clara regards it as surreal that she is now accused of treason, when the Spanish state blames the Catalan government for executing a law that was voted on in the Catalan Parliament elected by the Catalan people.
“From the very beginning we have submitted that the condition of dual criminality is not fulfilled in Scotland, and the European arrest warrants should not be executed.
“To put the charge of treason in context, imagine tomorrow if the First Minister of Scotland were to call a referendum and Theresa May sent in 15,000 police officers to attack voters and then imprisoned half the Scottish Government whilst issuing warrants for Nicola Sturgeon and others who fled to Europe, threatening them with over 30 years in prison for treason if convicted.
“If that were to happen there would be global condemnation, yet this is exactly the situation that Catalonia faces today.”
He said the Spanish judicial authorities stood accused of criminalising the opinions and votes of MPs and ministers in exercising their duties and “endangering the very functioning of the rule of law”. The team had also maintained that the condition of dual criminality is not fulfilled in Scotland, and the European arrest warrant should not be executed.
Anwar said Ponsati had no role in spontaneous demonstrations and voting had gone ahead peacefully on October 1.
“Around 8000 police officers were deployed by Madrid and 6000 state security forces,” he added.
“The National Police and the Civil Guard violently entered the polling stations in order to prevent citizens from voting and did so using brutal and unprovoked violence on unarmed Catalans. More than 1000 people needed medical attention.
“To date not one police officer has been prosecuted but neither has a scrap of evidence has been provided by Spain of any violent and criminal conduct by Clara Ponsati.”
A Crown Office spokesman said: “In extradition cases in Scotland, the Crown is required by statute to act on behalf of the requesting state or territory.
“Once proceedings are active, any question as to the progress of the case is a matter for the court. As this case is active, it would not be appropriate for the Crown to comment further.”
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