Special proceedings · Audiencia Nacional
Extradition, European Arrest Warrants and Interpol
When another country seeks your surrender, the case is decided at Spain's Audiencia Nacional — within days and under rules of its own. A highly specialised field I also practise from Navarra, working with clients directly in English.
The European Arrest Warrant (EAW)
Within the EU, the surrender of wanted persons runs through the European Arrest Warrant, handled in Spain by the Central Investigating Courts and the Criminal Chamber of the Audiencia Nacional. It is a fast procedure — days if you consent, weeks if you contest — in which the detained person decides, with their defence, whether to accept surrender or fight it.
Fighting it is possible: the law provides grounds for refusal — the matter already tried, limitation periods, lack of double criminality in certain cases, risk of fundamental-rights violations in the requesting state — and conditions on surrender, such as returning to Spain to serve any sentence. Every ground must be raised and proven in time. Post-Brexit surrender arrangements with the United Kingdom have their own regime, which I also handle.
Extradition with non-EU states
With non-EU states classic passive extradition applies: a judicial phase before the Audiencia Nacional — examining the applicable treaty, double criminality, the specialty principle and the requesting state's guarantees — and a final decision by the Government. The defence focuses on the limits: political offences, risk of treatment contrary to human rights, lack of procedural guarantees, ties to Spain.
Interpol red notices
Many surrenders begin with an Interpol red notice: a request to locate and detain that circulates in over 190 countries and can be triggered at any border check. A red notice is neither a European warrant nor a conviction: it is an alert — and it can be fought. You can request access to the record and its deletion before the Commission for the Control of Interpol's Files (CCF) where the request is unfounded, politically motivated or contrary to fundamental rights.
I defend both the person arrested in Spain on an international alert and the person who discovers they appear in the files and wants their situation resolved before travelling. In these proceedings, anticipation is everything.
How I work these proceedings
- Immediate assistance for anyone detained on an international alert, anywhere in Spain.
- Defence at the Central Investigating Court hearing: consent or opposition, and precautionary measures.
- Reasoned opposition: refusal grounds, conditions on surrender, proof of personal ties.
- Review and challenge of red notices before the CCF.
- Coordination with counsel in the requesting country and appeals before the Criminal Chamber.
Frequently asked questions
Common questions on extradition and Interpol
I was arrested on a European warrant — will I be surrendered no matter what?
Not necessarily. You may consent — which speeds things up — or oppose, in which case the Audiencia Nacional examines the refusal grounds: matters already tried, limitation, risks to your rights. Conditions may also be imposed, such as serving any sentence in Spain. Every case demands urgent, specific analysis.
What is the difference between the EAW and extradition?
The EAW operates between EU countries: judicial, fast, with a closed list of refusal grounds. Extradition governs the rest: it depends on treaties, examines more requirements, and ends with a Government decision. The defence strategies differ.
Can I stay at liberty while surrender is decided?
It is possible: the Audiencia Nacional can grant release under measures — passport surrender, periodic appearances, bail — weighing your ties to Spain and flight risk. Well-documented ties (work, family, home) are a decisive part of the defence.
What is an Interpol red notice and can it be removed?
It is an international request to locate and detain a person with a view to extradition. It is not a conviction, and it can be challenged: before the Commission for the Control of Interpol's Files (CCF) you can seek access to the record and its deletion where it is unfounded, political or contrary to fundamental rights. Best to act before travelling.
Another country is seeking me and I am in Spain — what can be done?
The defence works on two fronts: the surrender procedure in Spain (refusal grounds, conditions, provisional liberty) and — in coordination with counsel in the requesting country — the underlying case that generated the alert. Resolving the original case is often the way to resolve the surrender.
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