Related Rule
Portugal
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, applies to the following forms of international cooperation in criminal matters: extradition; transfer of proceedings in criminal matters; enforcement of criminal judgments; transfer of persons sentenced to any punishment, or measure, involving deprivation of liberty; supervision of conditionally sentenced or conditionally released persons; and mutual legal assistance in criminal matters. These “shall apply, as appropriate, to the cooperation between Portugal and any international judicial entities established within the framework of treaties or conventions that bind the Portuguese State”. 
Portugal, Law on International Judicial Cooperation in Criminal Matters as amended, 1999, Article 1(1) and (2).
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 … 
Portugal, Law on International Judicial Cooperation in Criminal Matters, 1999, as amended in 2001, Article 31.
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. 
Rwanda, Organic Law terminating Gacaca Courts and determining mechanisms for solving issues which were under their jurisdiction, 2012, Article 8.
Portugal’s Law on International Judicial Cooperation in Criminal Matters (1999), as amended in 2001, provides:
1. Extradition shall be excluded … in the following cases:
a) where the offence was committed on Portuguese territory;
b) where the person claimed is a Portuguese national, without prejudice to the provisions of the following paragraph.
2. The extradition of Portuguese nationals shall however not be excluded where:
a) extradition of nationals is provided for in a treaty, convention or agreement to which Portugal is a Party, and
b) extradition is sought for offences of terrorism or international organized crime, and the legal system of the requesting State embodies guarantees of a fair trial. 
Portugal, Law on International Judicial Cooperation in Criminal Matters, 1999, as amended in 2001, Article 32.
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”. 
Portugal, Law on International Judicial Cooperation in Criminal Matters, 1999, as amended in 2001, Article 6(1)(b).
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. 
Portugal, Law on International Judicial Cooperation in Criminal Matters, 1999, as amended in 2001, Article 7.