Ponsati scheme
It is pleasing to see so many people come to the defence of Professor Clara Ponsati, the former minister in the nowdeposed Catalan government and an academic at the University of St Andrews.
While the Spanish Government is seeking her extradition over her role in Catalonia’s independence referendum, charged with rebellion and violence against the unity of the Spanish state, this is no more than a political prosecution of someone who promoted a peaceful referendum. Indeed, the only violence around that particular event was that which came from Spanish forces.
It should be noted, however, that her chances of successfully fighting extradition are good. Scotland is bound by the Extradition Act 2003 and is a party to the European Arrest Warrant (EAW) system.
The sheriff is entitled to look at bars to extradition as set out in the Extradition Act and to consider whether extradition is proportionate and compatible with the Human Rights Act. The criminal offence for which extradition is sought, must be a criminal offence in the Requested State (Scotland) and the Requesting State (Spain). If it is not, then extradition cannot be ordered for that offence. If Ms Ponsati’s extradition is sought for the offence of sedition, then this offence was abolished in Scotland in 2011 so there is no dual criminality. Secondly, the sheriff can refuse extradition if they believe that the extradition is politically motivated.
For Ms Ponsati to be targeted for standing up for her political beliefs is deeply alarming, and there is a clear duty on us all to protect and support her.
ALEX ORR Leamington Terrace, Edinburgh The circumstances surrounding the arrest on a European warrant in Germany of Carlos Puigdemont are very unfortunate. As is the case of another Catalan separatist resident in Scotland.
However, it may do some good at home. Those in Scotland nursing the fantasy that a broken-off Scotland would somehow get special treatment and be welcomed into the EU with open arms will now see that troublesome and grievance-ridden, demanding leaders from Europe’s many, many regions seeking independence will be given short shrift. They will have to toe the line or else. If the EU lets one go, then an avalanche will follow – in Holland, Belgium, France, Spain and Italy and elsewhere.
In fact, this breakaway development is a greater danger to the EU concept than Brexit – andthepowersthatbearewell aware of it.
ALEXANDER MCKAY New Cut Rigg, Edinburgh