Former Catalan president Puigdemont announces he will return to Catalonia Thursday morning

Former Catalan president Carles Puigdemont has announced he is embarking on the "return journey from exile" and plans to be in attendance at Thursday's presidential investiture debate in the Catalan parliament, despite facing likely arrest upon return to the country. 

His party, Junts, have organized a reception for the leader of the 2017 independence referendum on Passeig Lluís Companys, in the city center of Barcelona, for Thursday at 9 am. 

The Catalan investiture debate is scheduled to start at 10 am in the parliament, just a short walk away from Passeig Lluís Companys. 

Socialist candidate Salvador Illa is expected to become the new president of Catalonia after striking deals with Esquerra Republicana and left-wing Comuns Sumar to govern. With the Socialists (42), ERC (20), and Comuns (6), Illa's candidacy has the 68 seats required for a majority. 

If Illa is confirmed as Catalan president, as is expected, it will mark a significant shift in the tide of Catalan politics, as it will be the first time a president in favor of Spanish unity will lead the regional administration since 2010. 

Puigdemont, meanwhile, was second behind the Socialists in the last election, and couldn't compile a majority with other parties to govern. 

In a video posted on social media with English subtitles, Puigdemont explained that "in normal democratic conditions, for an MP like me to announce his intention to attend that session would be unnecessary."  

Junts call suspension if Puigdemont is arrested

The general secretary of Junts, Jordi Turull, will ask the parliament speaker to suspend the investiture debate if former Catalan president Carles Puigdemont is arrested.

"These are not conditions to hold this plenary session," Turull affirmed on Tuesday in an interview on Catalan television. 

Puigdemont has been living in exile since 2017 and is still wanted by authorities over organizing the Catalan independence referendum. The amnesty for independence figures has not yet been applied to the former Catalan president in all open cases, and therefore he faces arrest upon return to the country.  

Junts say that Puigdemont should have already benefitted from the amnesty law, but the Supreme Court maintains that the misuse of public funds charge for organizing the 2017 referendum can not benefit from the amnesty, and therefore expect that Puigdemont will be detained after crossing the border. 

Turull has warned the Socialists that if the arrest happens and the Spanish government "looks the other way," it will be necessary to "reconsider" Junts' support for the executive in Madrid. "We will act accordingly," he warned.

Catalan police aim to arrest Puigdemont

The Catalan Mossos d'Esquadra police are putting together an increased security plan for around and inside Barcelona's Ciutadella park, where the Catalan parliament is located, ahead of Thursday.

The Mossos will deploy additional officers ahead of the expected return of Puigdemont, with the aim of preventing him from entering the parliament building.

On Wednesday, dozens of security agents are already deployed around the park to control access and movements of potential demonstrators. Authorities plan to close the park and restrict access to any non-accredited person.

Puigdemont has a national arrest warrant for charges of misuse of public funds for the organization of the 2017 independence referendum.

There will also be riot police deployed in the area in anticipation of two opposing demonstrations regarding the arrest of Puigdemont, one organized by the far-right Vox party and another by the former president's own party, Junts.

What happens if Puigdemont is arrested?

If he is arrested, Puigdemont will be held in a court cell, likely in the Ciutat de la Justícia in Barcelona.

The judge on duty will communicate the arrest to the Supreme Court. Pablo Llarena, the Supreme Court judge who has issued the arrest warrant for Puigdemont, could take his statement by video conference, summon him for another day, or have him transferred immediately to Madrid, which will be the most likely scenario.

Once in Madrid, Puigdemont can be provisionally released or sent to prison as a preventive measure due to flight risk.

In the event of arrest and imprisonment, Puigdemont's defense may submit a request for habeas corpus to the court, a legal recourse whereby the detained requests clarification from the magistrates over whether their detention was lawful or unlawful. 

If the request is rejected, which is the most likely scenario, an appeal could be presented to the Constitutional Court, so that a judge there will give an urgent provisional ruling on the possible application of the amnesty law to Puigdemont.

The amnesty law for figures seeking independence for Catalonia came into effect in June of this year, but the law needs to be applied case by case by the judge overseeing each one.

In Puigdemont's case, the Supreme Court views that the amnesty law does not apply to the charge of misuse of public funds for holding the referendum.

Socialists and ERC sign agreement

The Socialist Party and Esquerra Republicana publicly signed their investiture agreement on Wednesday.

The signatures of ERC general secretary, Marta Rovira, and the deputy first secretary of the Socialists, Lluïsa Moret, signed the deal. The two leaders were accompanied by members of the negotiating teams of the two parties.

The event took place in front of the Library of Catalonia, in Barcelona. The Socialists and the Comuns held a similar over the weekend at a library in Cornellà de Llobregat.