An extradition proceeding is one of the most complex judicial processes in international cooperation. It involves coordination between different States, strict legal requirements, and a detailed review of all the information provided by both sides. Documentation is the core of the entire procedure: it determines whether a request meets the legal standards, whether there are grounds to deny it and whether the fundamental rights of the requested person are being protected. For this reason, having the correct documents and presenting them properly can make the difference between a favorable resolution and an unjustified surrender.
Although each case varies depending on the requesting country and the applicable treaty, there are certain documents that are essential in almost every extradition process. Understanding them, knowing their purpose and recognising the consequences of missing or incomplete documentation allows the requested person to face the procedure with greater safeguards and fewer risks.
Documentation provided by the requesting State
In passive extradition cases, when Spain receives a surrender request, the requesting State must present several key documents:
1. Arrest warrant or equivalent judicial decision
The request must include a valid judicial order issued by a competent authority, specifying the facts, the alleged offence and the need for the person’s arrest.
2. Detailed description of the facts
The State must describe what happened, when, where and what role the person allegedly played. This allows the Audiencia Nacional to assess the seriousness of the offence and verify whether the double criminality principle is fulfilled.
3. Applicable criminal legislation
Copies of the penal articles under which the offence is classified must be provided. This allows for comparison with Spanish law.
4. Sufficient evidence or indications
The requesting State must show that there is a reasonable basis for pursuing the case, even though this is not a full trial.
5. Additional guarantees
If necessary, the requesting country may need to offer assurances related to prison conditions, due process or human rights protections.
If any of these documents is missing, vague or inconsistent, the defence may argue that extradition should be denied.
Documentation presented by the defence
The requested person must also provide documentation to defend themselves or challenge the request. This often includes:
1. Identity and residency documents
These help demonstrate personal ties, stability and risk assessment factors.
2. Medical or psychological reports
Such reports may prove that extradition could seriously harm the person’s health or well-being.
3. Employment or family documents
Employment contracts, family records and proof of dependents can support arguments of personal and social integration in Spain.
Strategic documentation and expert evidence
By the midpoint of the process, many defences begin to introduce additional documents to strengthen arguments or reveal potential violations. It is at this stage where assistance from professionals experienced in cross-border cases, including extradition lawyers who routinely analyse foreign documentation and international guarantees, becomes particularly valuable.
1. Reports on conditions in the requesting country
These may include evidence of poor prison conditions, lack of judicial independence or previous human rights violations.
2. Legal arguments relating to prescription or double criminality
This requires presenting legal texts, jurisprudence or official documents that support the defence.
Why documentation is so crucial in extradition
Extradition is a highly formal process. Every document, every date and every legal reference matters. A mistranslation, an uncertified copy or an incomplete factual description may be enough for a court to deny a request.
Likewise, well-presented documentation can expose risks that were not clear at first glance: possible torture, unfair trials, unsafe prison conditions or procedural irregularities in the requesting State.
Because the Audiencia Nacional must make extremely precise decisions, especially since extradition affects fundamental rights such as liberty and physical integrity, judges require complete, coherent and verifiable information. Documentation is ultimately the basis on which they decide whether a person should remain in Spain or be surrendered to another State.
Final thoughts
Extradition proceedings cannot be approached with improvisation. The documentation presented shapes the entire process and determines what arguments can be used to support or oppose the request. For this reason, gathering, reviewing and presenting all relevant information with precision is essential.
Given the technical nature of these procedures, specialised legal assistance is indispensable. Experts in the field know how to interpret foreign documentation, identify deficiencies, request additional guarantees and construct defences based on strong and verifiable evidence. In a process where every detail counts, expertise can make a decisive difference.
