Belgium does not automatically deliver rapper to spain

Belgium does not automatically deliver rapper to Spain

Image: Omnium Cultural / CC BY-2.0

The rapper from Mallorca can defend itself in September before an independent court

Spain has again failed with a delivery request within the EU. Now Belgium has made it clear that it will not deliver the Mallorcan Rapper ValtonyC without exactly examining the pre-yields to Spain. This is the "Automatic delivery" also rejected in this case. The rapper has communicated by Twitter, who is called with Burgerichnelle Josep Miquel Arenas. "I have the gland to defend me in a process", he explains with a look at others, which were sentenced to imprisonment in Spain as he fell to improvement.

It was foreseeable that Belgium was so decided after he had not been detained after his escape to the country, as Spain had requested it. Belgium buys Spain the alleged "Glorification of terrorism", Because of the Valtònyc next to "Conducting the Konig and the Safety" has been sentenced to a prison sentence of three and a half years, not simply as "terrorism" away.

The court in Ghent, where he lives since his escape in May, has followed the arguments of defense. The defenders had stated that the rapper was actually convicted of community. They had also made clear that Valtònyc will not be delivered to Konne, as Spanish and Belgian laws do not match. The court in Ghent becomes the situation on 3. September examines. Spain is repented again and again, also sentenced by the European Human Rights Court because of the restriction of freedom of expression.

For Spain, this is a new heavy flap after Belgium also rejected the European arrest warrants against the members of the former Catalan government. Meanwhile, the former Catalan head of government Carles Puigdemont are also returned to Belgium, after the German judiciary neither evidence of the Spanish invention of a rebellion (meant a kind of violent coup) or even a riot found. Then Spain – for the second time – has accessed the arrest warrant against him and his earlier government members.

ValtonyC may hope that its delivery is definitely rejected. He explained after the decision that the case is now widely discussed. He hopes that the Belgian judiciary will decide independently. His lawyer Gonzalo Boye, who also defends Puigdemont from Catalonia, makes it clear that the conviction of Valtonyc in Spain does not fall below the 32 cataloged trap. This is the responsibility of terrorism, but not an alleged "Glorification of terrorism", explained boye. Spain tried again to take the Belgian judiciary, "What did not work".

Boye ames that the "Double criminal liability" is not given. An offense must therefore not only be punishable in Spain, but also in Belgium, which can be delivered. "We ame that he can not be delivered as the criminal offense in Belgium does not exist", After which he was sentenced to Spain. Although the majestate discipline is in Belgium, the offense is handled there in accordance with judgments of the European Court of Justice for Human Rights (EGMR) in Strabburg. There Spain was already convicted of excessive application and circumcision of freedom of expression. Thus, the ECTHR conceded a verdict, with which two Catalans were sentenced to 15 months in prison, because they had burned a picture of the Konig.

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