Supreme Court sees no cause to investigate Puigdemont for terrorism

Prosecutors request that the case be shelved

Catalan former president Carles Puigdemont in a press conference on November 9, 2023
Catalan former president Carles Puigdemont in a press conference on November 9, 2023 / Albert Cadanet
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February 22, 2024 10:29 AM

February 22, 2024 01:11 PM

Prosecutors at Spain's Supreme Court have concluded that there is no cause to investigate former Catalan president Carles Puigdemont for terrorism and have requested that the case be shelved. 

The deputy prosecutor also included former pro-independence MP Ruben Wagensberg in its conclusion. 

The announcement comes after the National Court judge in charge of investigating the Tsunami Democràtic case, Manuel García-Castellón, pointed to Puigdemont as being one of the leaders of the pro-independence protest group, and requested to elevate the case to the Supreme Court. 


"At this moment in the process, there are no indications that allow us to say that Carles Puigdemont participated in the founding of Tsunami Democràtic, or planning its actions. The investigating judge is limited to making conjectures without a factual basis," the final report from the Supreme Court's deputy prosecutor says. 

"Detailed examination of the evidence supplied by the investigating judge reveals that, in reality, we are dealing with mere conjectures or suspicions, which do not allow any criminal act to be attributed to Carles Puigdemont."  

"None of the facts provided" allow us to "reasonably" infer that the former Catalan president participated in Tsunami Democràtic. "It seems, on the contrary, that they rule this out," the report says. 


In the case of Wagensberg, who "temporarily" moved to Switzerland in January, the prosecutor agrees that he was "consulted" on issues such as publicity statements and using social networks to help launch of the pro-independence activist movement. 

This does not mean, however, that he was at the top of the organization, as some police sources indicated, the prosecutor said. 

Evidence needed 

In the report, the prosecutor writes that "suspicion, conjecture or possibility" is not enough to attribute participation in a crime. There must be "well-founded and serious" indications, "clear and concrete" attribution, or "supporting evidence." 

In finding that there is no cause to investigate Puigdemont for terrorism, the Supreme Court's deputy prosecutor is in agreement with the court's initial report, which had the same conclusion. 

That report, however, was rejected by 12 to 3 prosecutors, meaning that the deputy prosecutor had to intervene.