PECULIARITIES OF EXTRADITION IN CAPE VERDE AND ITS EXTRADITION AGREEMENT WITH SPAIN.
What legal instrument governs extradition between Spain and Cape Verde?
Extradition between Spain and Cape Verde is governed by the Extradition Agreement between the Kingdom of Spain and the Republic of Cape Verde, signed “ad referendum” in Madrid on 20 March 2007. The Convention has been drawn up with the firm disposition to combat organised crime and terrorism and above all to improve extradition procedures between the two States, in accordance with their national laws and regulations, and with an emphasis on ordering the reciprocal surrender of offenders.
What acts are considered criminal?
In the light of this convention, as with most international conventions on extradition, extraditable offences are those offences which:
Where the offence is punishable under the laws of both Parties by imprisonment for a term exceeding one year;
Where the extradition request is for the purpose of enforcing a custodial sentence or detention order, the remaining period of the sentence to be served by the person sought is at least six months at the time the request is made.
“In determining whether the facts constitute an offence under the laws of both Parties in accordance with the preceding paragraph, it shall be irrelevant whether the respective laws do not include the act in the same category of offences, or whether the offence is described by the same name.
How to proceed in the case of joinder of offences?
If the extradition request concerns two or more acts, each of which constitutes an offence under the laws of both Parties, and at least one of which meets the requirements for the duration of the sentence, the requested Party may grant extradition for all of them.
Requirements for extradition to proceed
Request for extradition and necessary documents:
The request for extradition shall be made in writing and shall include or be accompanied by: (a) the name of the requesting authority; (b) the name, sex and nationality, of the person sought and any other information that may assist in establishing the person’s identity and possible whereabouts, as well as, if available, a description of the person’s physical appearance, photographs and fingerprints of the person; c) description of the case, with a summary of the criminal facts; d) the text of the relevant legal provisions on the establishment of the criminal jurisdiction, the determination of the offence and the penalty that may be imposed for the offence; and e) the text of the relevant legal provisions describing the time limits of the criminal prosecution or the execution of the sentence.
A copy of the arrest warrant issued by the competent authority of the requesting Party or, failing that, the extradition request for the enforcement of a sentence imposed on the requested person shall also be accompanied by a copy of the judicial decision and a document stating the period of the sentence served.
The extradition request and the documents sent in support of it must be signed and stamped and must be accompanied by a translation into the language of the requested Party.
In the event that additional information is required: If the requested Party considers that the information provided in support of an extradition request is not sufficient, it may request that additional information be sent to it, such information to be sent within 45 days, which may be extended for duly justified reasons by the requesting Party. Failure to send such information shall be considered as a voluntary waiver of the request.
Provisional arrest
In case of legal urgency for fear of absconding, for example, a Party may request the other Party to provisionally detain the requested person pending receipt of the extradition request.
Voluntary surrender
It is possible that the arrested person may consent, without opposition, to his or her surrender to the requesting State, irrevocably. In such a case, the judge will agree to the surrender of the person to the requesting State without the need to receive the documents provided for in Article 7, thus speeding up the process.
