Extradition from Spain to the United States - Monzer al-Kassar

Monzer al-Kassar, alleged Syrian arms dealer and co-conspirator with the recently-extradited pair of Luis Felipe Moreno Godoy and Tareq Mousa al Ghazi, is one step closer to being extradited from Spain.^[1] Today, a Spanish court authorized al-Kassar’s extradition to the United States to face terror related charges.^[2]

As we reported a week ago, Godoy and al Ghazi were extradited from Romania to face charges of supplying missiles, automatic weapons and ammunition to the Fuerzas Armadas Revolucionarias de Columbia, or FARC, a U.S.-designated foreign terrorist organization. Al-Kassar, who allegedly utilized a criminal arms network he supposedly masterminded in the transaction, faces similar charges.^[3]

The decision of by the National Audience, which has jurisdiction over international crimes, is subject to appeal. If confirmed a final decision will fall on the Spanish government.^[4] Al-Kassar, dubbed the "Prince of Marbella" because of his opulent lifestyle, faces life imprisonment if convicted.^[5]

Extradition from Spain to the United States

Extradition between the United States and Spain is governed by the 1971 treaty and its three subsequent supplement agreements of 1978, 1993 and 1999.^[6]

After the 1993, Article 2 was amended to eschew a “laundry-list” of extraditable offenses for a dual criminality standard.^[7] Under the treaty in force, an extraditable offense an defined as an punishable under the laws in both Contracting Parties by deprivation of liberty for a period of more than one year or by a more severe penalty (or in the case of a sentenced person, if the sentence imposed was greater than four months) or conspiracy to commit such an offense.^[8]

Article 5 was also amended in 1993 to allow for several offenses typically committed by terrorists to be excluded from the realm of political, and thus non-extraditable, offenses.^[9] These include:

• murder
  
• voluntary manslaughter
  
• voluntary assault and battery inflicting serious bodily harm
• kidnapping
  
• abduction
  
• hostage-taking
  
• illegal detention
  
• the illegal use of explosives, automatic weapons, and incendiary or destructive devices or substances
  
• attempt or participation in such [above-mentioned] offenses
• conspiracy or illicit association to commit such [above-mentioned] offenses.^[10]

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^[1] Court allows extradition of Syrian arms dealer to U.S., Agence France-Presse, Oct. 26, 2007, (last visited October 25, 2007).
^[2] Id.
^[3] Id.
^[4] Id.
^[5] Id.
^[6] Treaty on Extradition between the United States of America and Spain, U.S.-Spa., 22 U.S.T. 737.
^[7] Id. at Art. 2.
^[8] Id.
^[9] Id. at Art. 5.
^[10] Id. (emphasis added)