Extradition processes

At Ayuela Jiménez, we ensure you have the necessary defence during extradition processes. Our experts in international criminal law and extraditions will guide you through each stage with the sole aim of protecting your rights and freedoms.

Extradition and human rights

Extradition processes follow both international treaties and national laws, and must respect the human rights of the person involved. It is important to consider the conditions of detention, whether the individual is at risk of torture, or if they may face an unjust trial.

A country may request extradition if the person is accused of a crime in that country, if they have already been convicted and need to serve their sentence, or if there is an ongoing investigation and they need the person to be present. Each case is different, so having specialised lawyers in the field will give you peace of mind in properly managing such a request and, should it affect the company, finding potential legal defences to avoid it.

Comprehensive defence in extradition processes

Our team of lawyers will review whether the extradition request complies with the law and whether the crime has expired, as well as if the requesting country respects human rights and if the prison conditions are safe. If the extradition has already been approved, we can present legal challenges to try to stop it.

Tailored defence strategies

When a country requests the extradition of a person, our lawyers can use different defence strategies to prevent the individual from being unjustly handed over. The crime must be considered a crime in both countries; if it is not, the request can be rejected, or we can argue that the crime is time-barred if a significant period has passed without any judicial proceedings.

There may also be political motives involved, a risk that the person may be tortured or face the death penalty, or a lack of guarantees of a fair trial or convictions without clear evidence. Extradition can be blocked to protect their human rights.

How can we help you?

The extradition process varies depending on the country, so our team will accompany and guide you through each stage from the request. At Ayuela Jiménez, we will defend your case to challenge or delay the extradition if there are violations of rights, legal errors in the process, or risks to the individual involved.

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Madrid - Paseo de Recoletos, 6. 28001

Bilbao - C/ San Vicente, 8. Edificio Albia II

Londres - 126 Wigmore Street, Londres, W1U 3RZ, Reino Unido

Frequently Asked Questions

What is “double incrimination” in extradition?

“Double incrimination” refers to the requirement that the crime for which the individual is accused must be considered a crime in both countries before they can be extradited to the requesting country.

How long can an extradition process take?

Extradition processes can take weeks, months, or even years depending on many factors. The complexity of the case plays a significant role, as does the lack of diplomatic relations between the involved countries, or if legal challenges are made to delay the final decision.

What protections does the person to be extradited have?

The individual being processed must be assured the right to a fair trial, access to legal assistance, and not be convicted without clear evidence. The requesting country must guarantee the protection of the fundamental rights of the accused.

What happens if two countries do not have an extradition treaty?

If there is no formal agreement between the two countries, the extradition request can be rejected, as there is no legal obligation to hand over the individual to another jurisdiction. However, it may proceed for diplomatic reasons or if the laws of the country allow it.