CEDH · CASELAW;CLIN;ENG — 18 septembre 2006

.s3ABFC313 { font-size:10pt } .sEB86A30B { margin-top:0pt; margin-bottom:14pt; page-break-after:avoid } .sBB9EE52A { font-family:Arial } .sA241FE93 { margin-top:0pt; margin-bottom:18pt; text-align:justify; page-break-after:avoid; border-bottom:0.75pt solid #000000; padding-bottom:1pt } .s2EF62ED2 { margin-top:0pt; margin-bottom:0pt; font-size:12pt } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s29100277 { font-family:Arial; font-weight:bold } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s8F2B0B1B { margin-top:12pt; margin-bottom:12pt; page-break-after:avoid; font-size:12pt } .s9FF10068 { margin-top:0pt; margin-bottom:12pt } .sA36B60A1 { font-family:Arial; font-style:italic } .s5F48796F { margin-top:12pt; margin-bottom:0pt; text-align:justify } .s5CB9E8AB { margin-top:12pt; margin-bottom:0pt; text-align:justify; border-bottom:1pt solid #000000; padding-bottom:1pt } .sDF790F1E { margin-top:12pt; margin-bottom:0pt; text-align:center } .s7ED160F0 { text-decoration:none } .s3DC36BA9 { font-family:Arial; text-decoration:underline; color:#0069d6 } Information Note on the Court’s case-law No. 89 September 2006 Saoudi v. Spain (dec.) - 22871/06 Decision 18.9.2006 [Section V] Article 2 Article 2-1 Death penalty Extradition to Algeria of a terrorist tried in absentia , following governmental assurances excluding   capital punishment and incompressible life imprisonment: inadmissible   Article 3 Extradition Extradition to Algeria of a terrorist tried in absentia , following governmental assurances excluding capital punishment and incompressible life imprisonment: inadmissible   In 2000 an Algerian criminal court sentenced the applicant in absentia to life imprisonment for the offence of setting up an armed terrorist group. In 2003 the applicant was arrested in Spain and remanded in custody pending extradition on the basis of an international arrest warrant issued by an Algerian investigating judge. The Algerian Prosecutor General subsequently issued a formal request for the applicant’s extradition. In 2004 the Spanish courts granted the applicant’s extradition once they were satisfied that the maximum sentence applicable to the charges was really life imprisonment and not a sentence of death. However, they asked the Algerian authorities to give certain undertakings: that they would fulfil their obligation to hold a fresh trial with the applicant being present and with due respect for the rights of the defence, and that a life sentence would not be irreducible. In 2005 the Algerian Minister of Justice gave assurances that the Spanish courts found to be adequate and compatible with the conditions imposed, promising that fresh proceedings would be held and that a life sentence would be reducible, i.e., not consisting in a whole life term with no prospect of release. In 2006 the Spanish authorities ordered that the applicant be immediately delivered into the custody of the Algerian authorities. The Spanish courts had had the benefit of hearing direct representations from the parties in the context of an adversarial and in-depth examination of the extradition request, and had received undertakings from the Algerian authorities. Accordingly, the Spanish courts had been entitled to find that such undertakings removed any danger that the applicant might be sentenced to death or to an irreducible term of life imprisonment after a fresh trial in Algeria: manifestly ill-founded .   © Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court. Click here for the Case-Law Information Notes