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

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

On Tuesday, the Blida military court (August 6) issued international arrest warrants for former Defense Minister Khaled Nezzar, his son Lotfi and Farid Benhamdine, president of the Algerian Pharmacy Society.

Khaled Nezzar, Lofti Nezzar and Farid Benhamdine are prosecuted under articles 77 and 78 of the Criminal Code, as well as article 284 of the Military Justice Code.

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For several weeks, there have been rumors of the presence of the Nezzar in Spain.
Khaled Nezzar, Lofti Nezzar and Farid Benhamdine are prosecuted under articles 77 and 78 of the Criminal Code, as well as article 284 of the Military Justice Code.

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 Defense will be extradited and filed the day before the military court from Blida.

"It will be very difficult for Algeria to demand Mr. Nezzar, and there are many elements that work in favor of the general," he says. Alexandro Tirelli, a lawyer specialized in international law and extradition procedures based in Barcelona. and Milan, contacted by TSA. The lawyer cites three main arguments that work against Algeria in his attempt to extradite Nezzar.

"The first and one of the most important is the fact that it is totally forbidden for a country like Spain to extradite a foreigner when he runs the risk of being sentenced for the death penalty," says Tirelli.

Khaled Nezzar, his son and Benhamdine are effectively prosecuted under Article 77 of the Criminal Code, which stipulates that “the attack, whose purpose was to destroy or change the regime, is to incite citizens or inhabitants to arm themselves against the authority of the State or arm each other, or undermine the integrity of the national territory, is punishable by the death penalty.

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. The ECHR has issued a series of decisions that prohibit the extradition of a foreigner to a country where he faces the death penalty, which has supranational power, "said the lawyer specializing in extradition proceedings.

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

"The attack on the authority of the state and the attack on the authority of the army fall perfectly within the framework of the prosecutions of a political nature," says Mr. Tirelli, who speculates that Khaled Nezzar could "ask for political asylum by stating that He feels persecuted and is being prosecuted after protesting against current supporters of power.

In addition, the Spanish judiciary must automatically reject extradition in case the general was tried in absentia, explains the lawyer.

"There are people, including South Americans who are total murderers and who did horrible things that were not extradited to their country due to the political nature of the lawsuits against them," said Alexandro Tirelli.

The lawyer specializing in international law finally explains that even if Spanish justice had to decide on the extradition of Khaled Nezzar after a long procedure of at least three years, the Spanish government has the possibility of imposing his veto and preventing his extradition «The Extradition in Spain is a double procedure. In the first place, justice in all its branches must decide on the legal aspect, everything concerning the bilateral treaty, jurisprudence, etc. If the court rejects extradition, the decision is irrevocable, "says Tirelli.

«But if justice allows extradition, the Spanish Ministry of Justice will also have to sign to authorize extradition to Algeria. Therefore, the Spanish government has a form of veto that could allow it to block the extradition of Nezzar, ”says the lawyer specializing in extradition proceedings.

According to Mr. Tirelli, Spain could motivate such a decision by political opportunity. "If relations between Algeria and Spain are not bad, we cannot say that they are particularly good," said the lawyer, who also speculates on the arrangements made by Khaled Nezzar before leaving. The Algerian territory.

«A general is not a regular sergeant, especially when his intelligence has led him to become Minister of Defense and Chief of Staff. He probably didn't decide to carry his bag overnight and go to Spain without planning anything, "he said. 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 Defense will be extradited and filed the day before the military court from Blida.

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