Fiches Belges

• competent authorities to address the request of transit of a person through Spain: Ministry of Justice • the documents needed to grant a transit The request of transit should be accompanied by a copy of the certificate issued for the execution of the decision. The certificate should be accompanied by a translation into Spanish, in cases of urgency English language could be accepted Summary of general requirements for a measure: The Ministry of Justice shall inform the issuing State if it cannot guarantee that the sentenced person will not be prosecuted, detained or subjected to any other restriction of his or her individual liberty in Spain for acts or convictions prior to his or her departure from the executing State. No request for transit shall be required in the case of non-stop transit by air, except in the case of a forced landing, in which case the Ministry of Justice shall give its authorisation within 72 hours.

-FD 2002/584/JHA on EAWs (Art. 1(2)) (FD amended by FD 2009/299/JHA) Art.25 FD 2008/909/JHA on custodial sentences Art.16 Directive 2014/41/EU on EIOs (Art 22 (4)); -EU MLA Convention 2000 (Art 9(4)) with CoE European Convention on Mutual Assistance in Criminal Matters (1959) Art.11(2)

Ministry of Justice

Spanish, and in case of urgency English

-The Ministry of Justice shall communicate its decision to the competent authority of the issuing State no later than one week after receiving the request, except in cases where it has requested a translation of the form or certificate, in which case it may postpone the decision until it receives the translation. -In no case may the detention of the person be prolonged beyond the time strictly necessary for the execution of the transit.

-For extradition procedures with third States, Extradition in transit shall be granted upon fulfilment of the requirements and subject to the same conditions as are required for extradition under Spanish Law. -Exceptionally, for reasons of urgency, and when air transport is used and there are no plans to land in Spanish territory, the Government may authorise transit upon receipt of a request containing a final conviction or arrest warrant, stating the date and the facts on which it is based, the time and place of the commission of the offence and the parentage of the person whose arrest is sought, which shall produce the effects provided in the event of an accidental landing.