Extradition of Khaled Nezzar: a very complicated procedure, almost impossible. - International Lawyers Associates

Extradition of Khaled Nezzar: a very complicated procedure, nearly impossible.

On Tuesday 6th August, the military court in Blida, Algeria, issued an international arrest warrant for former Defence Minister Khaled Nezzar, his son Lotfi and Farid Benhamdine, president of the Algerian Society of Pharmacy.

Khaled Nezzar, Lofti Nezzar and Farid Benhamdine will be prosecuted in accordance with the art. 77 and art. 78 of the Criminal Code, as well as art. 284 of the Code of Military Justice. For the Algerian authorities, the extradition of Khaled Nezzar will inevitably have to go through a long and laborious judicial procedure with a very low probability that the former Chief of Staff and the former Minister of Defence will be extradited and presented the day before the military court in Blida.

For several weeks, there have been rumors of the presence of the Nezzar in Spain.
Khaled Nezzar, Lofti Nezzar and Farid Benhamdine will be prosecuted in accordance with articles 77 and 78 of the Criminal Code, and article 284 of the Code of Military Justice. 

"It will be very difficult for Algeria to demand the extradition of Mr. Nezzar, and there are many points in favor of the general," he says. Alexandro Tirelli, un abogado especializado en derecho internacional y procedimientos de extradición con sede en Barcelona. y Milán, contactado por TSA. El abogado cita tres argumentos principales que trabajan contra Argelia en su intento de extraditar a Nezzar. «El primero, y uno de los más importantes, es el hecho de que está totalmente prohibido que un país como España extradite a un extranjero cuando corre el riesgo de ser condenado a la pena de muerte», dice Tirelli. Khaled Nezzar, su hijo y Benhamdine son procesados ??efectivamente bajo el Artículo 77 del Código Penal, que estipula que «se castigará con la pena de muerte todo atentado que tenga por objeto destruir o alterar el estado de derecho, o incitar a los ciudadanos o habitantes a tomar las armas contra la autoridad del Estado o a tomar las armas entre sí, o a atentar contra la integridad del territorio nacional».

Spain and the EU member states have signed letters and agreements that prohibit the death penalty and the expulsion or extradition of a person to a country where he faces the death penalty, says the Italian Criminal Lawyer, Alexandro Tirelli. "Spanish justice must also follow the jurisprudence of the European Court of Human Rights, which has supranational power and which has issued a series of decisions prohibiting the extradition of a foreigner to a country where he or she faces the death penalty," said the lawyer specialising in extradition proceedings.

"Another element that favours the general is that he is not being prosecuted for a common crime, but for crimes of a political nature," Tirelli explains. "Spanish and European courts grant special protection to those prosecuted for political crimes and, therefore, it is almost impossible to extradite someone for this type of crime, especially in a country that the European Union does not consider completely democratic," says the lawyer.

"The attack on the authority of the state and the army falls perfectly within the framework of politically motivated prosecutions", Mr. Tirelli further notes, who speculates that Khaled Nezzar could "ask for political asylum, claiming that he feels persecuted and is being prosecuted after protesting against the current supporters in power".

Moreover, the Spanish judiciary should automatically refuse extradition in case the general was tried in his absence, the lawyer explains. "There are people, including South Americans, who are total murderers and who did horrible things who were not extradited to their country because of the political nature of the claims against them," said Alexandro Tirelli.

The lawyer, specialised in international law, finally explains that even if the Spanish judiciary were to decide on Khaled Nezzar's extradition after a long procedure of at least three years, the Spanish government has the possibility to impose its veto and prevent it. "Extradition in Spain is a double procedure: first of all, the judiciary in all its branches must decide on the legal aspect, all that concerns the bilateral treaty, the jurisprudence, etc. If the court rejects the extradition, the extradition will be refused. If the court rejects the extradition, the decision is irrevocable," says Tirelli, "but if the justice system allows the extradition, the Spanish Ministry of Justice will also have to sign to authorise the extradition to Algeria. Therefore, the Spanish government has a form of veto that could allow it to block Nezzar's extradition," says the lawyer specialised in extradition proceedings.

According to Mr. Tirelli, Spain could motivate such decision out of political expediency. "If on the one hand, relations between Algeria and Spain are not bad, on the other hand, we cannot say that they are particularly good," said the lawyer, who also speculates on the arrangements made by Khaled Nezzar before his departure.

«Un general no es un sargento regular, especialmente cuando su inteligencia lo ha llevado a convertirse en Ministro de Defensa y Jefe de Estado Mayor. Probablemente no decidió de la noche a la mañana hacer la maleta e irse a España sin planear nada», dijo Alexandro Tirelli. "For Spain too, having someone with the profile and career of the general is not negligible," concludes the lawyer.

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    Very explanatory and well written, good news.
    • Manuel Ripoll Fernandez
    5

    Summary

    For the Algerian authorities, the extradition of Khaled Nezzar will inevitably have to go through a long and laborious judicial procedure with a very low probability that the former Chief of Staff and the former Minister of Defence will be extradited and presented the day before the military court in Blida.

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