Spanish Man Is To Be Extradited

A Belfast judge has said he places his trust in the judicial procedures of Spain and has therefore turned down an attempt to stall a pending extradition from NI.

The Recorder of Belfast, His Honour Judge Burgess, sitting today in the County Court Division of Belfast, ordered that Jose Ignacio De Juana Chaos be extradited to Spain to face a charge of publicly justifying terrorism.

On 11 November 2008 the High Court of Spain issued a European Arrest Warrant seeking the extradition of Jose Ignacio De Juana Chaos for the offence of "public justification of terrorist acts (his own and that of others), which caused humiliation and intensified the grief of both the victims and their relatives'.

The offence was allegedly committed at a gathering in San Sebastian, Spain following his release from prison after more than 21 years for terrorist offences.

The court was asked to refuse the request for extradition of Mr De Juana on numerous grounds, mainly that his extradition was issued for the purposes of prosecuting or punishing him on account of his political opinions.

It was said that if extradited he might be prejudiced at this trial or punished, detained or restricted in his personal liberty by reason of his political opinions and that his extradition would not be compatible with his rights under the European Convention on Human Rights.

But, the Recorder said that the underlying principle of the European Arrest Warrant procedure is that the receiving court should, unless contrary evidence is placed before it, have confidence in the system of the administration of justice in the country seeking the arrest and extradition.

The judge said he was confident that the Spanish Court would consider all the evidence to determine whether Mr De Juana played a role in the alleged events and whether any such role would constitute a breach of the law.

"All courts are more than conscious of the statements and pressures that emanate from many sources outwith the judicial system, but there is no reason to believe that the judicial system of Spain is any less robust in carrying out its duties without fear or favour," he said today.

The Recorder also concluded that it is for the Spanish judicial authorities to consider the impact of imprisonment (either on remand or conviction) on Mr De Juana's mental condition, no doubt based on the medical evidence presented to them.

The judge reiterated that no argument had been placed before him that would indicate that Mr De Juana would not get a fair hearing in Spain in respect of all aspects of the matter.

The Recorder, taking account of his conclusion in relation to the grounds advanced by Mr De Juana, determined that he should be extradited in accordance with the request in the European Arrest Warrant.

See: Basque Extradition 'Invalid'

(BMcC/GK)