Catalonia’s ex-president Carles Puigdemont will not be extradited to Spain on rebellion charges, a German court has ruled.
The former separatist leader may still face action over a lesser charge of corruption, said judges, who agreed to release him on bail pending a decision.
Mr Puigdemont was arrested in Germany as he travelled back from Finland to Belgium, where he had been living in self-imposed exile after fleeing Spain in October.
The state court in Schleswig bailed Mr Puigdemont on Thursday after ruling he was was less of a flight risk since he cannot be extradited on the main charge Madrid has levelled at him.
The court rejected Spain’s request to extradite him over alleged rebellion because the comparable German charge of treason specifies “violence”.
Madrid accuses Mr Puigdemont of fomenting rebellion by trying to declare Catalonia an independent state following a referendum last year that it says was illegal.
Spain also accuses the 55-year-old of misuse of public funds and German judges said they will consider his extradition on that lesser charge.
The state court set bail conditions including a €75,000 (£65,000) payment.
“There is a risk of flight,” the court said. “But since extradition on rebellion charges is impermissible, the risk of flight is substantially lessened.”
The ruling came after Mr Puidgemont wrote an open letter from behind bars urging Catalonia’s parliament to make another attempt to elect jailed separatist activist Jordi Sanchez as the region’s president.
Mr Puigdemont had proposed Mr Sanchez – his number two in the Together for Catalonia party – last month, but Spain’s Supreme Court refused to free him to attend a parliamentary session.
The separatist majority in Catalonia’s regional parliament had wanted to re-elect Mr Puigdemont as Catalan president, but he fled to Belgium along with three of his ministers to escape arrest over his role in the referendum.
Former Catalan education minister Clara Ponsati is currently also fighting extradition over a rebellion charges following her arrest in Scotland.
