Practice Relating to Rule 161. International Cooperation in Criminal Proceedings
Portugal’s Law on International Judicial Cooperation in Criminal Matters (1999), as amended in 2001, provides:
1. Extradition may be granted only for the purpose either of instituting criminal proceedings or of executing a sanction or measure involving deprivation of liberty, for an offence that the courts of the requesting State have jurisdiction to try.
2. For any such purpose, surrender of a person shall be possible only in respect of offences, including attempted offences, that are punishable under both the Portuguese law and the law of the requesting State by a sanction or measure involving deprivation of liberty for a maximum period of at least one year …
Trial of an extradited person sentenced by Gacaca Courts
A person extradited to be tried in Rwanda and who has been sentenced by Gacaca Courts shall be tried by a competent court as provided by this Organic Law.
However, the decision of the Gacaca Court shall first be nullified by that court.