Practice Relating to Rule 161. International Cooperation in Criminal Proceedings
Section D. Political offence exception to extradition
Portugal’s Law on International Judicial Cooperation in Criminal Matters (1999), as amended in 2001, provides that extradition and other forms of cooperation are excluded “where there are well-founded reasons for believing that cooperation is sought for the purpose of persecuting or punishing a person on account of that person’s … political or ideological beliefs”.
The Law further provides:
1. A request for co-operation shall also be refused where the proceedings concern:
a) Any facts that, according to the concepts of Portuguese law, constitute a political offence or an offence connected with a political offence;
b) any facts that constitute a military offence and do not constitute an offence under ordinary criminal law.
2. The following shall not be regarded as political offences:
a) genocide, crimes against humanity, war crimes and serious offences under the [1949 Geneva Conventions];
b) the offences mentioned in Article 1 of the [1977 European Convention on the Suppression of Terrorism];
c) the acts mentioned in the [1984 Convention against Torture];
d) any other offences that ought not to be regarded as political under the terms of an international treaty, convention or agreement to which Portugal is a Party.