Practice Relating to Rule 161. International Cooperation in Criminal Proceedings
Section D. Political offence exception to extradition
Spain’s Law on Passive Extradition (1985) provides:
Extradition will not be granted in the following cases:
1. When it concerns offences of a political character, which does not include acts of terrorism [and] crimes against humanity aimed at in the Convention on the Prevention and Punishment of the Crime of Genocide adopted by the General Assembly of the United Nations …
2. When it concerns military offences classified as such by Spanish legislation, without prejudice, however, to what is established by International Conventions signed and ratified by Spain.