Potential Suspension of Extradition Agreement
The judicial cooperation between Morocco and Spain is facing significant challenges, as Moroccan Justice Minister Abdellatif Ouahbi contemplates the suspension of the extradition agreement. This consideration arises amidst concerns over individuals sought by Moroccan authorities, whom Spain had previously agreed to extradite but failed to hand over to Morocco. Minister Ouahbi emphasized the ongoing examination of this potential suspension during an interview with EFE, highlighting the pressing nature of the issue.
One of the core issues at the heart of this dispute is the principle of reciprocity. The Moroccan Minister pointed out that while Morocco fulfills Spain's extradition requests, there are instances where extraditions requested by Morocco do not materialize, often occurring at the last moment, sometimes even after escort agents have arrived. He described these situations as "incomprehensible" and urged Spanish authorities to handle these cases with the seriousness they deserve. Ouahbi warned that Morocco will not continue to allocate its security resources for operations that yield no results.
Historical Context and Conditions of the Extradition Agreement
The extradition agreement between Morocco and Spain was signed in Rabat on June 24, 2009, and came into force on September 1, 2012, replacing the previous 1997 agreement. This current framework delineates the conditions under which either country can extradite individuals pursued by their respective judicial systems. The agreement stipulates that, for an extradition request to be valid, the alleged offenses must be punishable in both countries. If the extradition is for prosecution purposes, the crime must be punishable by at least two years of imprisonment. For individuals already convicted, the remaining prison term must exceed six months.
Moreover, the agreement allows each country to avoid extraditing its own nationals, meaning that Morocco is not obliged to hand over Moroccan citizens to Spain, nor vice versa. However, the requesting country can still initiate legal proceedings based on evidence provided by the other state. Other grounds for refusal of extradition include cases involving political offenses, which do not include terrorism, and instances where the statute of limitations has expired or where a final judgment has already been rendered for the same offense.
Minister Ouahbi's comments highlight difficulties encountered at the final stage of the extradition process, specifically during the actual handover of the requested individual. Article 13 of the agreement requires that once an extradition is accepted, the state in question must communicate the date and location of the handover through diplomatic channels. The requesting country then has 45 days to send agents to retrieve the individual; failure to do so results in the individual's release, and they cannot be extradited for the same charges thereafter.
Statistical data indicates a significant increase in Moroccan extradition requests to Spain, with figures rising from 11 in 2019 to 41 in 2023, thus making Morocco one of the countries with the highest number of extradition requests to Spain. However, the data does not clarify how many requests have been accepted or successfully executed, nor does it account for the number of operations canceled after agreements were made. This lack of transparency complicates the assessment of the situation described by Minister Ouahbi.
For now, Ouahbi has issued a warning to Madrid, stating that while the extradition agreement is not currently suspended, there has been no official notification sent to Spanish authorities regarding any such action. The agreement itself does not provide a mechanism for immediate suspension; any disputes regarding its interpretation or execution must be addressed through diplomatic channels. Furthermore, the international law allows for the suspension of part or all of a bilateral treaty in cases of serious violations of essential provisions, but this requires formal notification, rationale, and scope clarification.
Suspending the extradition agreement would deprive both Morocco and Spain of the legal framework governing the extradition of sought individuals across the Strait. This would directly impact cases related to drug trafficking, terrorism, human trafficking, organized crime, fraud, and money laundering. Such a suspension would not only hinder Spain's ability to demand extraditions from Morocco but would also create similar challenges for Morocco regarding individuals apprehended in Spain.
Despite the tensions surrounding extraditions, it is important to note that a suspension would not halt all forms of judicial cooperation between the two nations. The 2009 mutual legal assistance agreement remains in effect, allowing for the exchange of intelligence, letters rogatory, and cooperation through Interpol. Additionally, the distinction between extradition and repatriation procedures must be understood, as they operate under different legal frameworks.
As reported by fr.le360.ma.
