International cases · Peru
Wanted in Peru and arrested in Spain
Peru is the country outside the EU with the most extradition decisions among those I have reviewed. The procedure follows the 1989 extradition treaty between Spain and Peru. Two issues come up again and again: the conditions in Peruvian prisons and the time that has passed since the facts.
Saúl Rosell Manglano · Criminal defence lawyer · Madrid · ICAM 83.198
What the decisions show
72
Decisions of the National Court on Peruvian requests that I have reviewed, from mid-2025 to mid-2026.
Prisons
Many surrenders were made conditional on Peru guaranteeing a prison without overcrowding.
Time
Several requests were refused because the offence was time-barred under Spanish law.
- Surrender granted26 45%
- With conditions18 31%
- Refused14 24%
Decisions on the merits of the National Court on requests from this country that I have reviewed (May 2025 – May 2026, 58 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.
Prison conditions
Peru's own Constitutional Court has declared an unconstitutional state of affairs in its prison system because of overcrowding. Following a doctrine of the full Criminal Division of the National Court, extradition to Peru is often made conditional on a specific guarantee that the sentence will be served in a prison without overcrowding. If the guarantee does not arrive in time, the surrender cannot go ahead.
Prescription under Spanish law
Extradition is refused if the offence is time-barred under Spanish law. The National Court has examined closely whether the steps taken in Peru really interrupted the time limit: searches or formalities with no real content do not count. In several cases ten years or more had passed without a valid interruption, and extradition was refused.
Spanish nationality
Spanish nationality allows the court to refuse extradition, but it is weighed with the rest of the circumstances. In one case, nationality together with a serious and irreversible illness led to refusal on humanitarian grounds.
Serving the sentence in Spain
Spain and Peru have a treaty on the transfer of sentenced persons signed in 1986. A person 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
The facts are from many years ago. Can that stop the extradition?
Yes, it is one of the most effective defences with Peru. It requires checking, step by step, whether anything done in Peru legally interrupted the time limit under Spanish law.
What if Peru does not send the prison guarantee?
When surrender is conditional on a guarantee, it cannot be carried out until the guarantee is given in the terms set by the court.
Is it urgent?
Call me on 688 884 488. I answer the phone myself, at any hour.
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