Overview of Extradition Agreements
Extradition is a legal process that allows one country to request the return of a person from another country to face criminal charges. Extradition agreements are bilateral or multilateral treaties that facilitate this process between countries. These agreements specify the procedures and conditions under which a country can request the extradition of a person from another country. The absence of an extradition agreement between two countries means that extradition is not possible between them.
Spain’s Extradition Policy
Spain has a proactive extradition policy and has signed extradition agreements with many countries around the world. Spain is a signatory to the European Convention on Extradition and the United Nations Convention against Transnational Organized Crime. Spain’s extradition law allows the surrender of its own citizens to other countries, subject to certain conditions. The Spanish courts have the final say in extradition cases, and they consider the principle of double criminality, which means that the conduct for which extradition is sought must also be a crime under Spanish law. Spain can also refuse extradition if it violates fundamental rights or if the request is politically motivated.
Countries Extraditing to Spain
Spain has extradition agreements with most countries in Europe, including the United Kingdom, France, Germany, Italy, and Portugal. Spain also has agreements with several countries in Latin America, such as Argentina, Chile, Colombia, and Mexico. Other countries that have signed extradition agreements with Spain include the United States, Canada, Australia, and South Africa.
Countries without Agreement with Spain
There are several countries with which Spain does not have extradition agreements. These countries include China, North Korea, Iran, and Syria. Additionally, some countries in Africa, Asia, and the Americas do not have extradition treaties with Spain. This means that if a person flees to one of these countries to avoid prosecution in Spain, they may not be extradited back to Spain to face trial.
Non-Extradition Countries in Europe
Some countries in Europe do not have extradition agreements with Spain. These include Belarus, Russia, and Ukraine. Some other countries, such as Switzerland and Greece, have limited their extradition agreements with Spain to certain offenses.
Non-Extradition Countries in Asia
Apart from China, North Korea, and Iran, several other Asian countries do not have extradition agreements with Spain. These include Afghanistan, Bangladesh, Cambodia, and Myanmar.
Non-Extradition Countries in Africa
Many countries in Africa do not have extradition agreements with Spain. Some of these countries include Algeria, Angola, Egypt, Libya, and Zimbabwe.
Non-Extradition Countries in the Americas
Although Spain has extradition agreements with most countries in Latin America, there are some countries that do not have agreements with Spain. These include Cuba, Nicaragua, and Venezuela.
High-Profile Extradition Cases in Spain
Spain has been involved in several high-profile extradition cases in recent years. In 2019, Spain extradited the former Venezuelan intelligence chief, Hugo Carvajal, to the United States to face medicine trafficking charges. In 2020, Spain extradited the former head of the Mexican oil company Pemex, Emilio Lozoya, to Mexico to face corruption charges.
Bilateral and Multilateral Agreements
Spain has signed bilateral and multilateral agreements with several countries to improve international cooperation in criminal matters. These agreements cover a range of issues, from the exchange of information and evidence to the transfer of sentenced persons.
Alternatives to Extradition
In cases where extradition is not possible, Spain can resort to other means of cooperation, such as mutual legal assistance. This involves requesting the assistance of another country in gathering evidence, locating witnesses, or serving court documents.
Implications of Non-Extradition Agreements
The absence of an extradition agreement between two countries can have serious implications for law enforcement and international cooperation in criminal matters. It can make it difficult to bring criminals to justice and can allow them to evade prosecution by fleeing to a non-extradition country. It can also undermine efforts to combat transnational crime and terrorism.
