STC 42/2024: Extradition and proportionality

Constitutional Court · STC 42/2024

Issue examined

The appeal concerns orders issued by the Third Section and The plenary court of The Criminal Chamber of the National High Court that authorized his extradition to Morocco.

Summary published by the Constitutional Court

Alleged violation of the rights to effective judicial protection of defence, to a process with all guarantees and personal freedom: STC 17/2024 (judicial resolutions that agree to extradition on the basis of documentation that does not allow to question the necessity and proportionality of the decision taken by the Moroccan prosecutor's office to request the surrender to ensure the prosecution of the person concerned); inapplicability of the principle of accusatory to the extradition process. Individual vote.

The file retains the distinction between violation and alleged violation used by the source. In order to know the judgement, the grounds and the individual votes must be consulted the full resolution.