What you need to know about countries with no extradition treaty with Spain, according to a criminal defense lawyer

Criminal defense lawyers specializing in extradition cases

At Nieto Enríquez Abogados Penalistas, a criminal defense law firm in Barcelona, we have spent years defending individuals under investigation or sought in criminal proceedings at both national and international level.

Passive extradition is one of the areas where we have built the most experience: we have intervened in extradition requests from European and non-EU countries, from legal systems very different from the European one, and in cases where the applicable bilateral treaties left real room for defense.

We know how the National Court works from the inside, how to build arguments that actually work, and what mistakes those who arrive without proper legal advice tend to make. In extradition cases, deadlines are tight and consequences are serious. That is why we act from the very first moment, ensuring the best possible criminal defense.

What exactly is extradition?

Extradition is the mechanism by which one state surrenders to another a person accused or already convicted of a crime. It is not a police decision, nor even a purely judicial one: it has an important diplomatic dimension, and in Spain, the final word rests with the government, not only with the National Court.

When we talk about passive extradition — which is what most concerns those who come to us — the scenario is this: another country requests that Spain hand over someone who is on Spanish territory. Spain then evaluates whether the legal requirements are met and whether extradition is appropriate.

That evaluation is not automatic. There are filters, grounds for refusal, and technical aspects that a skilled criminal defense lawyer can exploit to protect their client.

What law governs this in Spain?

The reference legislation is Law 4/1985, of 21 March, on passive extradition. This law sets out the requirements that any surrender request must meet for Spain to consider it valid.
Among the most important requirements:

A bilateral treaty must exist or, failing that, recognised reciprocity between both countries.
The offence must also be punishable under Spanish law — what is known as the dual criminality principle.
The request may be refused if there are signs of political persecution, if the person sought is a Spanish national, if the sentence is disproportionate, or if the fundamental rights of the accused are not guaranteed.

The existence of a treaty does not settle everything. We have defended cases where a treaty existed and extradition was still refused, because the documentation was deficient or because the treaty itself contained exceptions applicable to the case.

Countries that do have extradition treaties with Spain

Spain maintains bilateral extradition agreements with a large part of the world. The list includes, among others:

• All European Union countries (through the European arrest warrant, which is far more streamlined than traditional extradition).
• The United States, with whom a bilateral treaty revised in 1996 exists.
• Morocco and several Maghreb countries.
• Most Latin American countries: Argentina, Mexico, Colombia, Brazil, Peru, Chile, Venezuela…
• China, although with important caveats regarding procedural guarantees.
• Russia, although in practice cooperation has deteriorated significantly.

Appearing on this list does not mean extradition is automatic. It means a legal framework exists to request it. What happens next depends on many factors.

Countries with no extradition treaty with Spain: the real list

This is where precision matters, because many oversimplified lists circulate that lead to misunderstanding. There are countries with which Spain has no extradition treaty in force, and others where, although a surrender could technically be requested on the basis of reciprocity, it is in practice unviable for political, diplomatic or structural reasons.

Countries with no bilateral treaty with Spain (or minimal cooperation)

• United Arab Emirates: no bilateral agreement exists. Judicial relations are almost non-existent in criminal matters.
• Iran: no treaty, and a legal system radically different from the European one. Cooperation is practically nil.
• North Korea: no treaty, no normal diplomatic relations, no effective judicial channel.
• Saudi Arabia: no extradition agreement. Diplomatic relations exist, but not criminal judicial cooperation.
• Cuba: no treaty in force. Relations have historically been complex.
• Vietnam: no bilateral treaty. Cooperation is limited to occasional police agreements.
• Afghanistan and Somalia: no sufficient state structure to process a formal extradition request.

Countries where extradition is technically possible but very difficult

This is something few people know: there are countries with which Spain could in theory process an extradition on the basis of reciprocity, but where in practice proceedings drag on indefinitely, judicial systems are not comparable, or procedural guarantees are so deficient that Spain has a legal basis to refuse the surrender.

Many countries in sub-Saharan Africa and Southeast Asia fall into this category.

The most common mistake: confusing “no treaty” with “being safe”

This is perhaps the most important point in the entire article, and the one I most want you to understand.
Having no extradition treaty with Spain does not mean a person is automatically protected, for several reasons:

• First: Spain can act on the basis of reciprocity. If a country requests the surrender of someone from Spain and commits to doing the same in the future, the National Court can examine that request even without a formal treaty.
• Second: Interpol does not operate on the basis of treaties. An international arrest warrant circulates among all member countries of the organisation, regardless of whether a bilateral agreement exists. This can lead to detention at any airport or border crossing.
• Third: The European arrest warrant is a different system, far more automated. Within the Schengen area and the EU, deadlines are shorter and grounds for refusal are more limited.

What happens if you are Spanish and another country is seeking your extradition?

Spanish nationality is a ground for refusing extradition. Spain, in general, does not surrender its own nationals. However, there are important nuances:

• If you hold dual nationality, the analysis may change depending on the treaty.
• Within the European framework, an arrest warrant may be executed even if you are Spanish, if the offence is linked to the requesting country.
• Some bilateral treaties provide for the possibility of trying a Spanish national in Spain rather than surrendering them. But this requires the Spanish judicial system to take on the case.

Real cases in which we have successfully blocked extradition

At Nieto Enríquez Abogados Penalistas we have intervened in extradition proceedings requested by various countries, and in many of them we have succeeded in having the National Court refuse the surrender.

The arguments that have worked best in our experience:

• Lack of dual criminality: the conduct the other country is seeking to prosecute is not a criminal offence under Spanish law, or is classified differently.
• Deficiencies in documentation: the request does not meet the formal requirements established by Spanish law.
• Risk to fundamental rights: there are indications that the proceedings in the requesting country will not offer minimum guarantees of defence.
• Politically or discriminatorily motivated prosecution: difficult to prove, but when demonstrated, it is a solid ground for refusal.
• Nationality of the person sought: particularly relevant when a treaty expressly provides for this as a ground for rejection.

Every case is different. What works in one may not work in another, which is why the analysis must be individualised from the very first moment.

What should you do if you have been notified of an arrest warrant or extradition request?

First: do not panic, but do not underestimate the situation either. An extradition request has deadlines, and the sooner you act, the more room for manoeuvre you have.

Second: do not speak to anyone officially without prior legal advice. Not at a police station, not before a court, not in any formal proceeding. Everything you say can be used against you.

Third: find a criminal defence lawyer with real experience in extradition proceedings. A general practitioner is not the same as someone who knows the National Court, the real deadlines, the applicable treaties and the arguments that tend to work.

At Nieto Enríquez Abogados Penalistas, we are specialists in extradition proceedings and handle this type of case on an urgent basis. If you need to assess your situation, you can contact us immediately. We analyse the case with no obligation and explain, clearly, what your real options are.