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RP and Spain Sign Pact on Extradition and Mutual Legal Assistance
March 4, 2004
An extradition and mutual legal assistance treaty was recently entered between the Philippines and the Kingdom of Spain.
Justice Acting Secretary Ma. Merceditas N. Gutierrez and Ramon Gil-Casares Satrustegui, Secretary of State for Foreign
Affairs of Spain signed the treaty to make more effective the cooperation of the two countries in the suppression of crime.
As provided under the treaty on extradition, both states are obliged to extradite to each other any person who is wanted
for prosecution, imposition or enforcement of a sentence in the requesting state for an extraditable offense imprisonable
of at least one year or by a more severe penalty. Extradition shall be granted only if a period of at least six months of
the penalty remains to be served.
However, extradition shall not be granted on offense considered by the requested state to be political, and where the
extradition requested is for the purpose of prosecuting a person on account of his race, religion, nationality or
political beliefs. The same shall also apply to offenses where prosecution or enforcement of the sentence would be barred by
lapse of time or by any other reason under the law of the requested state.
In case of urgency, the requesting state through the INTERPOL or diplomatic channel can ask for the provisional arrest of a
person being sought pending submission of formal request for extradition.
Under the mutual legal assistance treat, emphasis is on criminal matters for cooperation in the investigation and prosecution of crimes.
As agreed, assistance shall include widest measures on: taking testimony of persons; providing documents, records and evidence;
freezing and seizure of assets, restitution and collection of fines and any other form of assistance not prohibited by the laws
of the requested state.
The requested state may deny assistance if: the request relates to a political offense; it refers to an offense considered to be
exclusively military in the requested state; it would prejudice its sovereignty, security, public order; it will investigate and
prosecute a person for reason of his race, religion, nationality, political beliefs or the person may be subjected to any form of discrimination.
Said treaties shall become effective upon ratification by the Senate.
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