International cases · Venezuela
Wanted by Venezuela and arrested in Spain
Venezuelan requests follow the extradition treaty of 4 January 1989. Spain is home to many Venezuelans, some of them with asylum or with Spanish nationality, and the National Court has refused several requests because of the risk of political persecution or because the facts were not properly described.
Saúl Rosell Manglano · Criminal defence lawyer · Madrid · ICAM 83.198
What the decisions show
Politics
Requests have been refused because of a real risk that the process would be used against opponents.
Asylum
Recognised asylum in Spain is a ground for refusal.
Nationals
Venezuela does not extradite its own nationals, so Spain refused to surrender a Spanish national for lack of reciprocity.
- Surrender granted13 59%
- With conditions3 14%
- Refused6 27%
Decisions on the merits of the National Court on requests from this country that I have reviewed (2025–2026, 22 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.
Political persecution and asylum
The National Court has refused Venezuelan requests when it found a real risk that the person would be punished for political or family reasons, or when there was no minimally serious indication of participation in the facts and the proceedings looked like a tool of repression.
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Recognised asylum in Spain prevents extradition. If the asylum application is pending, the court can rule on the extradition but the surrender must wait.
Facts, nationality and reciprocity
Requests that do not describe precisely what the person did have been refused, because without facts the court cannot check double criminality. Spanish nationals have also been protected: since the Venezuelan Constitution forbids extraditing Venezuelans, Spain does not have to surrender its own nationals to Venezuela.
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
I left Venezuela because of my political activity and now they are asking for me. What can I do?
Document your activity, your departure and the context of the case. If you have applied for asylum, tell me at once: both procedures have to be coordinated.
I have Spanish and Venezuelan nationality. Can I be extradited?
Spanish nationality, if it was not acquired to avoid extradition, is a strong argument against extradition to Venezuela because of the lack of reciprocity.
Is it urgent?
Call me on 688 884 488. I answer the phone myself, at any hour.
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