International cases · Colombia
Wanted in Colombia and arrested in Spain
Extradition between Spain and Colombia is governed by a treaty from 1892, updated by a protocol in 1999, with the Spanish Extradition Law filling the gaps. Requests concern drug trafficking, homicide, fraud and other offences, very often after a conviction in Colombia. Many people arrested live in Spain with their families and have applied for international protection.
Saúl Rosell Manglano · Criminal defence lawyer · Madrid · ICAM 83.198
What the decisions show
36
Decisions of the National Court on Colombian requests that I have reviewed, from mid-2025 to mid-2026.
Documents
Refusals came when Colombia did not describe the facts precisely or did not send a copy of the judgment.
Asylum
A pending asylum application suspends the physical handover, but not the court's decision.
- Surrender granted24 89%
- With conditions1 4%
- Refused2 7%
Decisions on the merits of the National Court on requests from this country that I have reviewed (May 2025 – May 2026, 27 decisions). One case can produce more than one decision. Conditions, such as returning to Spain to serve the sentence or guarantees on prison conditions, are usually obtained by the defence.
What the request must contain
The treaty requires the request to describe the facts with precision and, for a sentence, to include a copy of the judgment. The National Court has refused extradition when the facts were left undetermined (for a fraud, without saying what the deception was, when or where) and when Colombia sent only a notice of the verdict instead of the judgment.
Convicted in Colombia in your absence
If you knew about the proceedings and were represented by a lawyer, or you left the country to avoid them, the National Court usually orders extradition without requiring a new trial. If it is not proved that you were personally summoned, the court can make extradition conditional on a new trial at which you are present.
Asylum and extradition
An application for international protection does not stop the court from declaring that extradition can go ahead, but the handover waits until the application is finally decided. An appeal against a refusal of asylum does not suspend extradition automatically; it has to be requested expressly.
What the court does not decide
The National Court does not examine alibis or evidence of innocence: that belongs to the Colombian courts. It checks identity, double criminality, the minimum penalty, prescription and the guarantees. Arguments about a risk of ill-treatment must be specific and supported by evidence.
Serving the sentence in Spain
Spain and Colombia have a treaty on the transfer of sentenced persons signed in 1993. A Colombian or Spanish national convicted in one country can ask to serve the sentence in the other, with the agreement of both states.
How we will understand each other
I work in Spanish. With my clients from abroad I use translation tools to read and answer messages, and we manage well that way. At the police station and in court the law gives you a free interpreter, and I make sure that right is respected. If you write to me in English, I will answer you.
Common questions
Can my relative be released while the case is decided?
It is difficult when he left Colombia after a conviction with a long sentence; the court presumes a risk of flight. Recent registration in Spain is usually not enough. Long, documented roots help.
He has applied for asylum. Is he safe?
Not from the court's decision, but from the physical handover while the application is pending. Both procedures have to be followed together.
Is it urgent?
Call me on 688 884 488. I answer the phone myself, at any hour.
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