Jordi García Petit, 27/9/2021
The rhetorical reactions of the independence leaders to the arrest of Carles Puigdemont in Sardinia have been unhinged, cast as they are in their ideological loop on the “repression”, and they show their despair at the agony of the procés , while teaching – -again- his anti-establishment face. Accusing Spain of what would have been an automatic operation of the airport passenger control services, with respect to someone who appears in police files throughout Europe, reflects its unhealthy obsession against the State.
The legal question of whether Puigdemont ‘s euroorder of arrest and hand over is activated or suspended, as well as whether he is protected by immunity due to his status as MEP, can be settled one way or another, after examining the procedural data, but that is up to to the courts, not to the street. The essence of the law is its interpretability, a function performed by judges, prosecutors and lawyers. In a democracy, and by extension in the EU , you have to let the legal system unfold its effectiveness.
The atrocities released by the pro-independence leaders – among them the supposed moderate Pere Aragonés : “The repression will only stop with amnesty, self-determination and independence, ” as simple and definitive as that – show that they do not recognize the separation of powers and the independence of justice, fundamental pillars of the rule of law. With these antecedents, what state of law would they offer in their imaginary republic? These leaders behave like posh anti–systems.
The trip, charged to the public treasury of our highest autonomous authorities, the president and vice president of the Generalitat and the president of the Parliament with their respective entourages, to Alghero, Sardinia – for what, if the development of events depends there of the Italian judicial authorities’s organs? -, as well as the participation of several regional ministers in the demonstrations in Barcelona demanding the release of Puigdemont, are the proof that they do not hide their performance as rulers (only) for the independentists.
Puigdemont has been on the run for 1,428 days and has been arrested for the third time. It was before in Belgium and in Germany. If third time’s not a charm, and it is not delivered to the National Court , it will be delivered to the fourth, fifth time or later. It is his inexorable destiny.
After the elections of 21-D of 2017 , overvaluing the result of the independentists, Puigdemont said with slum language: “Spain is in a fucking situation.” On the contrary, it is he who has it. The crime of sedition for which its delivery is requested prescribes at 15 years of age, so his fucking situation will expire in October 2032, if it is not delivered or is delivered earlier and is tried and sentenced, following fate (respecting its presumption of innocence) of those who have already responded as partners in the crimes of sedition and embezzlement of public funds.
Puigdemont is a privileged fugitive from justice. He is paid for an expensive 550-square-meter residence in Waterloo , supported by a high-end lifestyle, and championed by a sky-high cohort of top-notch lawyers. But living like this is not comfortable, being he, moreover, an uncomfortable character in any EU state where he resides or where he transits.
It will have been a very unpleasant surprise for Puigdemont at the Alghero-Fertilia airport and he will have felt the legal fragility of his personal situation and the fear that the cup falls down the well until it breaks.
Is it at risk of capsizing –or touched as Aragonés says– the governments’ negotiating table ? They will see. It may be that, in their absorption, they do not conceive it correctly, but the first interested parties at that table should be the pro-independence leaders. Ultimately, what will be negotiated at the table are the conditions of their surrender, after the failure of the declaration of independence, and they should know how to win the magnanimity of the State they tried to disintegrate.
Is Puigdemont’s arrest the finishing touch to the process or, on the contrary, will it serve the independentists to recharge batteries ? We must wait for the outcome of the ongoing legal problems, but it will probably be more noise than nuts. In any case, it is another nail in the lid of the procés coffin.