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Home Posts tagged "Spain"

Ruling of the Spanish Constitutional Court Legitimising Restrictions on Universal Criminal Jurisdiction

Published on February 6, 2019        Author: 
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A short history of universal jurisdiction in Spain

Last 20 December, the Spanish Constitutional Court (hereinafter, TC) issued a ruling rejecting an application made by more than fifty Socialist Members of Parliament to strike out a bill introduced by the Conservative Party in 2014. In practice, the aforementioned bill put an end to a law of 1985 which provided for one of the broadest universal jurisdiction regimes for criminal matters in the world. Spain had been at the centre of human rights litigation, with well-publicized cases against former presidents Pinochet and Jiang Zemin or top officials of the Israeli Government. Needless to say, such cases had caused a few diplomatic headaches to the Spanish Government, in the course of time. However, a former minister of justice had admitted that in twenty years there had actually been only one conviction in application of universal jurisdiction rules.

A first reform to restrict the extraterritorial jurisdiction of Spanish criminal courts came about in 2009 by an agreement between Socialists and Conservatives. Contrary to the original law of 1985, after 2009 the accused had to be found in Spain, the victim had to be Spanish or there had to be some other relevant connection with the forum. Subsequently, the abovementioned reform of 2014 granted jurisdiction for a larger number of crimes committed abroad but made it practically impossible to prosecute if the crime was completely unrelated to Spain. Read the rest of this entry…

 

The European Arrest Warrant against Puigdemont: A feeling of déjà vu?

Published on November 3, 2017        Author: 
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On 2 November 2017, the Spanish State Prosecutor asked Carmen Lamela, a Spanish judge, to issue a European Arrest Warrant against Carles Puigdemont and four of his former ministers following the vote of secessionist Catalan MPs to declare independence. They face potential charges of sedition, rebellion and misuse of public funds. Carles Puigdemont, who arrived in Brussels a few days before the news of the warrant was made public, called in a Belgian lawyer to defend his case. The Spanish authorities may not be thrilled by his choice.

The Basque precedent

In 1993, Spain issued an extradition warrant against two Basque secessionists who fled to Belgium, Moreno Ramajo and Garcia Arrantz. They were accused of participating in an unlawful association and an illegal armed band. The Court of Appeal of Brussels issued an Advisory Opinion according to which, the warrant was founded on political crimes and therefore, the extradition request should not receive a favourable response. The Belgian Ministry of Justice nevertheless ruled in favour of the extradition. In the meantime, Moreno Ramajo and Garcia Arrantz lodged an asylum application in Belgium, which was received admissible for further consideration. The extradition procedure was put on hold until a final decision to reject their asylum applications was made in 1994 on the grounds that despite the fact that cases of abusive behaviours of Spanish authorities towards Basque secessionists existed, these were isolated cases. Therefore, the argument was that there was no reason to believe that the Spanish justice system would fail to provide them with a fair trial. Thus, the extradition request was pursued and accepted. Following this decision, the couple submitted a procedure of extreme urgency before the Belgian Council of State in order to stop their extradition. This was successful and their extradition did not proceed(E. Bribosia and A. Weyembergh, ‘Asile et extradition: vers un espace judiciaire européen?’ (1997)  at 73-77).

What happened after that? Read the rest of this entry…