The National Court of Spain has recently found itself at the center of escalating tensions following explicit threats from Morocco regarding the potential suspension of their extradition agreement. This special tribunal is responsible for processing all requests for the extradition of foreign nationals sought by their home countries. As the competent authority, the court evaluates whether the legal requirements of the alleged offense and the stipulations of bilateral treaties are met before making a decision to approve or deny extradition requests. It is important to note that extraditions are subject to a multi-phase procedure, and not all requests are accepted; furthermore, this does not automatically result in the preventive detention of the individual sought.
Morocco's discontent primarily revolves around what they describe as inefficiencies in this extradition process. According to Moroccan Justice Minister Abdellatif Ouahbi, these inefficiencies have led to significant challenges during the execution of extraditions. He highlighted instances where individuals sought by Moroccan courts remained free during the extradition process and subsequently could not be located once their extradition was approved.
Moreover, the National Court has denied extradition requests for Moroccan nationals on multiple occasions, which has further aggravated tensions with Morocco. The most recent denial occurred in early July, when the Third Section of the Criminal Chamber rejected the extradition of a Moroccan citizen arrested in Spain in February. The Moroccan authorities sought his extradition for allegedly organizing illegal immigration resulting in death.
The court's decision was particularly stern, citing the failure to meet the minimum punitive requirements mandated by the bilateral treaty governing extraditions. The accused faced serious allegations in Morocco that could lead to prison sentences ranging from 20 to 30 years for human trafficking and fraud. The Moroccan justice system based its request on a tragic incident where three individuals disappeared at sea on September 12, 2021, while attempting to reach the Spanish mainland via jet ski from the beaches of Khemis Sahel.
In its ruling, the National Court noted the secondary role of the individual in the events described. According to documentation received from the Court of Appeal in Tangier, the accused was not part of the leadership of the organization behind the disastrous crossing; rather, he and his brother were also potential candidates for clandestine emigration to Spain on a subsequent trip. Their only involvement was temporarily safeguarding the jet ski as instructed by the network leader. This led the court to conclude that there was a lack of guarantees regarding the extradition request.
Legal Challenges and Extradition Procedures
Previous decisions have also pointed to deficiencies in how Morocco typically submits these extradition requests. In 2023, the Criminal Chamber of the National Court refused another extradition due to "shortcomings" in the documentation provided. In that instance, the request involved an accused leader of a clandestine immigration network using inflatable boats to transport sub-Saharan migrants from Nador. The request was missing a judicial authority's assessment from the requesting country regarding the necessity and proportionality of the deprivation of liberty for the individual sought.
The Moroccan request sought the extradition of Yassin S. for prosecution based on facts included in an international arrest order issued on June 17, 2022, by the Attorney General before the Court of Appeal in Nador. The judges concluded that the extradition documentation lacked an assessment, officially recognized in the requesting country, of the necessity of extradition and the resultant deprivation of liberty. This assessment is deemed necessary according to the doctrine of the Constitutional Court.
Such deficiencies have led to further refusals of extradition requests. For example, the extradition of a Moroccan who assisted in the escape of a convicted Spanish criminal and murderer from Algeciras was halted. The court rejected the extradition despite the Spanish Cabinet's approval, citing the extradition treaty with Morocco, which prohibits extraditions unless the offense is punishable by a minimum of two years in both jurisdictions.
Understanding the Extradition Process
The extradition process between Spain and Morocco is governed by a bilateral Extradition Treaty established in 2009 along with the Spanish Criminal Procedure Law. This process combines a judicial phase that ensures legal guarantees with a diplomatic phase, both of which are crucial for determining the extradition of requested citizens. Typically, the process begins with the preventive detention of the individual sought. The arrested person is then brought before the National Court, which decides whether to release them or keep them in provisional detention, considering their ties to Spain and the risk of flight.
Following this, it is essential to verify the principle of dual criminality, which asserts that the alleged crime must be recognized as an offense in both countries, alongside the validity of the documentation and judicial oversight requirements according to applicable jurisprudence. Based on these elements, the Criminal Chamber determines whether the extradition should proceed. Ultimately, it is the Spanish government that makes the final decision on whether to execute or deny the extradition through diplomatic channels, even if judicial approval has been granted.
As reported by elconfidencial.com.
