Extraditions and EAW

International Defense before the National Court

Extradition and European Arrest Warrant (EAW) procedures are highly centralized in Madrid, before the Central Investigating Courts and the Criminal Chamber of the National Court. The reaction time is minimal: following police arrest (often at airports or hotels), the foreign citizen is brought before the judge within hours.

Our urgent intervention has a vital first objective: to avoid provisional imprisonment while the surrender file is being processed, which can take months. We fight in the precautionary measures hearing so that our client awaits the resolution in freedom, proposing alternatives such as bail, passport withdrawal, designation of domicile, or daily court appearances.

Surrender Opposition Strategy

In an extradition, it is not judged whether the detainee is innocent or guilty of the crime (that corresponds to the country of origin). The legal battle in Spain is purely technical and Human Rights-based. We oppose surrender alleging specific grounds for refusal:

• Lack of Double Criminality: That the act for which they are claimed is not a crime under Spanish law.
• Statute of Limitations: That the crime has prescribed according to Spanish laws.
• Nationality: The non-surrender of Spanish nationals (in certain cases outside the EU).
• Risk of Torture or Inhuman Treatment: We block surrenders to countries where basic procedural rights are not guaranteed or where prison conditions violate the European Convention on Human Rights (overcrowding, torture). We provide reports from international organizations to prove this risk.
• Political Persecution: We demonstrate that behind the appearance of a common crime lies persecution for political, religious, or racial reasons.

Precautionary Measures and Provisional Liberty

Extradition does not necessarily imply being in prison until surrender. We fight tirelessly for provisional liberty. To do this, it is fundamental to build a solid dossier of roots in Spain (family, home, work, health) that dispels the risk of flight in the eyes of the National Court magistrates.

Interpol Red Notices

Many clients discover they are wanted when crossing a border. We also advise on the procedure before the Commission for the Control of Interpol's Files (CCF) in Lyon to request the cancellation of 'Red Notices' when they violate the organization's statutes of neutrality, allowing the client to regain their international freedom of movement and avoid future arrests.