Practice Relating to Rule 161. International Cooperation in Criminal Proceedings
Section D. Political offence exception to extradition
In 1996, in a diplomatic communiqué issued in reaction to the events linked with the operation by the Movimiento Revolucionario Tupac Amaru (MRTA) at the residence of the Japanese ambassador in Peru, and to the release of two Peruvians whose extradition was requested, the President of Uruguay declared:
The release of the Peruvians Luis Samaniego and Silvia Gora, decided by the Third Criminal Appeals Court, was exclusively the act of the Judicial Power … [The appellate court] upheld the same criterion applied in previous court decisions concerning the application of the 1889 Montevideo Treaty on International Penal Law.
The President recognized the limitations of the extradition treaties, concluded over a century ago, that had governed Uruguay’s relations with third parties in this respect. He stated that the Executive Power had brought these rules up to date by signing new extradition treaties in 1996 with Argentina, Chile, Spain, France and Mexico, and by pursuing negotiations with other countries. These treaties excluded terrorism from the category of political offences.