Catalan politician faces treason charge
● Lawyers argue that extradition bid for Ponsati does not meet legal conditions
Lawyers for Catalan politician Clara Ponsati have said she is facing charges of treason and conspiracy which could lead to her extradition.
Professor Ponsati, 61, is being sought by Spain on charges of violent rebellion and misap-propriation of public funds over her role in the controversial Catalan independence referendum last year.
Her legal team, who describe the prosecution as “politically motivated” by Spain, said she could face a total sentence of up to 33 years if she is sent there and convicted of the charges, raising fears the economics lecturer at St Andrews University could spend the rest of her life in jail.
Her team maintains that the condition of “dual criminality ”– the issue of establishing equivalent charges in Scots law – is not fulfilled, and a European arrest warrant should not be executed.
However, solicitor A amer Anwar said the Advocate Depute, acting on behalf of Spain, had advised Prof Ponsati she faces the equivalent charge of treason in Scots law. He said :“Clara Ponsati maintains her innocence of the charges and our instructions remain to robustly defend her from extradition to Spain.
“Clara regards it ass ur real 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.”
He added: “There are serious reasons to believe that the extradition to Spain of Clara would violate t he presump-tion of innocence, the right to a fair trial, the right to free - dom of expression, the right to freedom of thought, the right of association and the right to liberty and security.
“Finally, European arrest warrants violate the principle of proportionality when one considers that Clara would face up to 33 years in prison if convicted.”
Catalonia’s president is due to visit Scotland next week to meet First Minister Nicola Sturgeon, Mr Anwar said.
President Quim Torra, who backs independence for the region, was sworn in by Catalonia’s parliament in May.
He is due to arrive in Scotland on Tuesday following a meeting with Spanish prime minister Pedro Sanchez on Monday.
He will meet Prof P ons a ti before joining the First Minister at her official residence, Bute House in Edinburgh, on Wednesday.
Mr Torra’s visit will follow the latest procedural hearing for Prof Ponsati’s case, which is due to take place at Edinburgh Sheriff Court today.
It comes ahead of a fourweek hearing scheduled to take place in the summer.
A Crown Office spokesman said :“In ex tradition 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.
“All proceedings are open to the public and press.”