Agreements with Mauritania on extradition, prisoners, and judicial assistance enter into force following the first bilateral summit

Eduardo González On September 1, the agreements between Spain and Mauritania on extradition, assistance to detained persons and transfer of sentenced persons, judicial assistance in civil and commercial matters, and judicial assistance in criminal matters will enter into force. The entry into force of the four agreements, signed in Madrid on September 12, 2006, and provisionally applied since that same date, comes after the Mauritanian government announced their ratification during the bilateral summit on July 16. Under the extradition agreement, the two countries undertake to reciprocally surrender, in accordance with the rules and under the conditions set forth in the agreement, persons who are in the territory of one of the two states and are prosecuted or convicted by the judicial authorities of the other state. The following shall be subject to extradition: persons prosecuted for acts that, under the laws of the Contracting Parties, are punishable by a prison sentence of at least one year, and persons who, for acts punishable under the laws of the Requested State, are sentenced in adversarial proceedings or in absentia by the courts of the Requesting State to a prison sentence of at least six months. However, the Convention establishes that the Contracting Parties shall not grant the extradition of their respective nationals and specifies that national status shall be assessed in relation to the time at which the crime for which extradition is requested was committed. However, the Requested Party undertakes to take legal action, to the extent it has jurisdiction to prosecute, against its own nationals who have committed, in the territory of the other, offenses punishable as crimes in both States, provided that the other Party transmits to it, through diplomatic channels, a request for the initiation of legal proceedings, accompanied by the files, documents, objects, and information in its possession. The requesting party will be informed of the outcome of its request. Furthermore, extradition will not be granted for political reasons, although acts of terrorism will not be considered political crimes, nor will extradition be granted if the crime for which extradition is requested is strictly military. Extradition will also be denied if the action or penalty has expired under the current legislation of the requesting State or the requested State at the time of receipt of the extradition request; if the acts for which extradition is requested were committed in the requested State; if the acts have already been finally prosecuted in the requested State; if an amnesty or pardon has been granted in the requesting State or is granted in the requested State; and if the act for which extradition is requested may be punishable by the death penalty or life imprisonment under the legislation of the requesting State. Both this and the other three agreements will enter into force on September 1, according to the Official State Gazette (BOE) published on July 15, just one day after the first High Level Meeting (RAN) between Spain and Mauritania was held in Nouakchott. During this meeting, the government of Mohamed Ould Ghazouani announced to Spain the ratification of the bilateral agreements on assistance to detained persons and transfer of sentenced persons, on extradition, on judicial assistance in criminal matters, and on judicial assistance in civil matters, as stated in the joint declaration of the summit.

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