The National Court has rejected the release of a citizen who was detained on 22 May in Puerto del Rosario, Fuerteventura, at the request of Morocco for an alleged crime of migrant trafficking. The international arrest warrant was issued by the Maghreb country on 15 August 2024 and is based on the seriousness of the accusation, punishable by up to ten years in prison.
In its ruling, the court decided to maintain the provisional detention of the accused, highlighting the risk of flight despite the alleged ties to Spain. According to the National Court, the measure is necessary to ensure their delivery to Morocco for a crime that “seriously affects Spain and especially the Canary Islands”.
The ruling reminds that in extradition processes, the evidence or ongoing judicial proceedings in the requesting country are not examined, but rather whether the requirements outlined in international agreements are met. The defence claimed that Morocco had to request extradition because the accused had fled the country, a reason the court does not consider sufficient for their release.
The Public Prosecutor’s Office also opposed the request, emphasising that at this procedural stage, the focus is not on culpability, but on the formalities of the extradition request. The court dismisses the absence of details regarding the events that led to the detention as justification for their release, pointing out that the relevant issue is whether the requesting country has justified the need for the measure considering the seriousness of the accusation and the penalty involved.
