Lorraine Williamson
The Spanish Supreme Court has dismissed Carles Puigdemont’s appeal for amnesty over charges related to embezzling public funds. The ruling reinforces the court’s stance that those who misuse public money for personal gain cannot benefit from amnesty laws.
Puigdemont, the former president of Catalonia, remains at the centre of a long-running legal battle tied to the 2017 Catalan independence referendum.
Embezzlement and the unlawful use of public funds
In 2017, Puigdemont led a controversial, unilateral referendum in Catalonia despite the Constitutional Court’s ruling against it. The referendum, which sought Catalonia’s independence from Spain, prompted widespread legal and political unrest. Puigdemont fled to Belgium to avoid prosecution after the Spanish government took action against the organisers. The Supreme Court’s recent decision relates to accusations that Puigdemont and other leaders misused public funds to finance the referendum.
According to the ruling, the funds used for the referendum were not returned. Moreover, they were used for purposes not in line with the law. While Puigdemont did not personally profit, the court found that the misuse led to unlawful enrichment. Therefore, this disqualifies him from the scope of amnesty laws, which exclude such crimes.
The appeal rejected
Puigdemont, along with former ministers Toni Comín and Lluís Puig, had appealed a decision by Judge Pablo Llarena, which had already ruled out their eligibility for amnesty. The Spanish Supreme Court upheld Llarena’s decision, rejecting their appeal and dismissing objections from the prosecution and the State Attorney.
The ruling clarifies that embezzlement involving enrichment of a personal or organisational nature is not covered by the amnesty law, even if the intent behind the actions was not financial gain.
Legal path forward for Puigdemont
Although Puigdemont’s immediate prospects for amnesty are blocked, he has the option to appeal to Spain’s Constitutional Court. However, the Supreme Court has made it clear that the law is unequivocal in this instance. Furthermore, the judges ruled that the case did not warrant referral to the Constitutional Court or the European Court of Justice, despite Puigdemont’s lawyer’s request.
While the amnesty pathway is currently closed, questions regarding the application of amnesty to other crimes, such as disobedience, are still under review.
No amnesty, for now
The Spanish Supreme Court’s latest ruling puts an end to Puigdemont’s current attempt to secure amnesty for his role in the 2017 referendum. While his legal team could pursue further appeals, the path to amnesty appears to be blocked for now.