AN ACADEMIC at the centre of an extradition battle will hand herself over to police today as she prepares to fight her case – insisting her human rights cannot be guaranteed in Spain.
Professor Clara Ponsati, a former department head at the University of St Andrews, is set to be arrested at an Edinburgh police station before appearing at the city’s Sheriff Court this afternoon.
The ex-Catalan minister risks being deported to Spain over charges of “violent rebellion” related to her involvement in last year’s controversial independence referendum.
If convicted, she could receive a jail term of up to 30 years.
READ MORE: Scottish ministers to 'raise concerns' over arrest warrants in wake of extradition row
But her lawyer has insisted he will “robustly” resist the move, arguing it amounts to political persecution and that her human rights and justice cannot be guaranteed in the Spanish courts.
It comes as Scottish ministers confirmed they will raise concerns over the use of European arrest warrants in light of the growing row, as they stepped up pressure on Spain to back down.
Justice Secretary Michael Matheson said it was “well established” that the Scottish Government supports the right of the people of Catalonia to determine their own future.
In a statement to MSPs, he added: “We profoundly regret that the Spanish Government has failed to engage in dialogue with Catalonia’s politicians, and that the issue is now instead subject to the judicial process.”
He said ministers had already been in touch with the Spanish embassy, while External Affairs Secretary Fiona Hyslop had written to the Spanish ambassador.
In her letter, Ms Hyslop expressed regret that Spain had chosen to involve Scotland’s legal system in “what should be a matter for political debate and resolution”.
She added: “I therefore take this opportunity to again, and respectfully call upon Spain to seek to resolve the current stand-off in Catalonia by peaceful and democratic means.”
Kenny MacAskill: We need a political solution to the Ponsati affair
Mr Matheson added: “We have concerns over how the system of European arrest warrants is being used, and we will be raising this matter with the European Commission.
“I should point out to members that the legislation establishing European arrest warrants itself makes clear that it does not modify the obligation to respect fundamental rights and fundamental legal principles.”
A Spanish judge issued arrest warrants for Ms Ponsati and other fugitive politicians on Friday, including Catalonia’s ex-leader Carles Puigdemont, now detained by German police.
Ms Ponsati returned to Scotland earlier this month, having been in Belgium since fleeing Spain with Mr Puigdemont and three other former cabinet members following an unsuccessful bid to declare independence from Spain in October.
Lawyer Aamer Anwar said Ms Ponsati faced charges of “violent rebellion and misappropriation of public funds which relates to the organising of the referendum, which my client utterly refutes”.
He added: “My legal team is instructed by Professor Ponsati to robustly defend her against the Spanish attempts to extradite her.
“Clara views these charges as ‘political persecution’ and submits that her human rights and justice cannot be guaranteed in the Spanish courts.
“Clara remains defiant and resolute and believes that the Spanish Government will never be able to crush the spirit of the Catalan people.
“She is truly humbled by the support she has received from across Scotland as well as that of the Scottish Government, but believes that it is right that our courts must now decide what happens next.”
READ MORE: Scottish ministers to 'raise concerns' over arrest warrants in wake of extradition row
Ms Ponsati will be transferred to Edinburgh Sheriff Court following her arrest today, with an extradition hearing scheduled for 2pm. It is expected to last between 30 minutes and an hour.
Her legal team will apply for her to be released on bail and a full hearing will be heard in the coming weeks.
Ms Ponsati was previously director of the school of economics and finance at the University of St Andrews before taking up her role in the now-deposed Catalan government.
She returned to work in St Andrews earlier this month, and the university has raised concerns she is being targeted for standing up for her political beliefs.
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