Extradition is a legal procedure in which one state extradites a suspected or convicted person to another state for prosecution or execution of a court sentence. This mechanism is necessary to ensure international security and combat transnational crime.
The main task of extradition is to establish effective interaction between law enforcement agencies of different countries to suppress criminal activities that go beyond national boundaries. If a person has committed a crime in one state and fled to another, extradition allows him to be returned to the jurisdiction where the illegal act was committed.
Without extradition, criminals could move freely around the world and avoid accountability by taking advantage of differences in legal systems. The extradition procedure makes it possible to bring violators of the law to justice, regardless of the state in which they are hiding.
Mexico actively participates in global criminal justice cooperation and enters into bilateral and multilateral treaties with various countries.
Mexico maintains extradition relations with European, Asian, and African states, concluding both direct bilateral treaties and agreements on mutual legal assistance in criminal matters, which stipulate clauses on the extradition of criminals. In addition, Mexico is a member of Interpol, which allows the rapid dissemination of international notifications about the search for suspected or convicted persons.
If you are facing extradition proceedings in Mexico, it is crucial to seek assistance from defence extradition lawyers with experience in both local and international law. Our team of international extradition lawyers offers full legal support — from strategic case evaluation to courtroom representation and liaising with authorities.
Extradition process to Mexico
The first stage is the receipt of an official request to the competent authorities of Mexico (diplomatic channels, Ministry of Foreign Affairs). The extradition request must contain evidence that the person is wanted or convicted in a criminal case. The crime committed must be considered a criminal offense in both the requesting country and Mexico.
Additionally, the request requires a complete set of documents: a copy of the court order, arrest warrant or sentence, a case facts description, and the texts of the pertinent legal articles. All documents must be translated into Spanish and notarized. The General Prosecutor’s Office (FGR) reviews the request, verifies the availability of the required documents, and ensures compliance with the law.
The court in Mexico considers extradition, hears arguments from the defense and the prosecution, and takes into account international obligations and national laws. If the court decides that the conditions are met, it issues an extradition order. If rejected, the request is returned to the initiator.
A person subject to an extradition order may file an appeal or other forms of appeal under Mexican procedural law. If all courts have confirmed the legality of the extradition, the person is transferred to official representatives of the requesting country.
The duration of the preliminary stage depends on the timeliness of the submission of documents by the initiating country. If some papers are missing, Mexico may provide additional time to complete them. The trial stage lasts from several months to a year or more, especially if the defense actively uses the right to appeal. The appeal procedure can be extended until the decision of the highest court
It is also worth familiarizing yourself with the subject of the extradition process in Mexico. The Ministry of Foreign Affairs (SRE) formally receives and transmits extradition requests, liaising with the initiating countries. The General Prosecutor’s Office (FGR) evaluates the legal aspects and provides an opinion on the possibility of extradition. Ultimately, the decision to extradite or refuse is made by the court. The person in respect of whom the request was made has the right to defend and appeal.
Extradition from Mexico
If a citizen (or foreigner) has committed a crime in Mexico and fled abroad, the Mexican prosecutor’s office prepares materials to send a request for extradition to the country of residence of the wanted person. The package of documents must contain court decisions, information about the crime committed, and texts of laws confirming criminal liability.
The request is submitted through the Ministry of Foreign Affairs (SRE), diplomatically or through international organizations (Interpol). Mexico should provide additional clarification or guarantees (for example, that the death penalty cannot be applied) if necessary.
The final decision on extradition is made by the local court of another state based on an extradition treaty.
Our extradition lawyers provide comprehensive services in such cases, including analyzing requests, preparing legal strategies, and acting on behalf of the client during diplomatic or judicial proceedings.
Non-extradition treaty with Mexico
Extradition issues are regulated by international agreements and the domestic legislation of each country. A non-extradition treaty is an agreement between states according to which certain persons or categories of crimes are not subject to extradition.
Certain provisions preventing extradition may be contained in bilateral treaties as well as in the legislation of the countries themselves. That is, we are not talking about a complete refusal of extradition, but about specific cases when extradition is impossible.
If Mexico determines that the case is fabricated or serves as an instrument of political persecution, it will refuse extradition. In addition, the requested state is obliged to provide firm guarantees of the non-application of the death penalty or its replacement with a more lenient form of punishment.
In some cases, Mexico, like other countries, may refuse to extradite its citizens abroad, preferring to try them under its laws. Such a prohibition may be enshrined in national legislation or constitutional norms.
If sufficient time has passed since the alleged crime for the statute of limitations to expire, extradition is not possible. The requesting country must provide the necessary evidence to demonstrate the reasonableness of the charges. If Mexico considers that the arguments are insufficient or the arrest warrant does not have proper legal force, the extradition may be rejected.
Legal grounds for challenging extradition in Mexico
1. The political nature of the persecution
Many extradition agreements contain a provision prohibiting the extradition of persons accused of political crimes. This is due to the fact that criminal prosecution for political opinions should not become an instrument of repression. Even if formally we are talking about an “ordinary” criminal offense, there may be signs that the persecution is of a political nature (pressure on opponents, persecution for participating in protests, etc.). If the defense proves such motivation, the Mexican court may refuse extradition.
2. Threat of death penalty or ill-treatment
The requesting party must provide clear guarantees that the death penalty will not be applied (replacing it with another type of punishment). In the absence of such guarantees, extradition is rejected. If there are grounds to believe that, if extradited, the person would be subject to torture, cruel or degrading treatment, or other serious violations of human rights, Mexico has the right to refuse the extradition request.
3. Lack of a fair trial
A person may also claim that in the requesting country, the legal proceedings do not meet the principles of fair trial (free access to a lawyer, judicial independence, etc.). If the court in Mexico or the competent authorities see a high risk of an unfair trial, extradition may be refused. If a person has already been convicted or acquitted of the same crime, re-prosecuting them may violate the non bis in idem principle. The presence of such a fact is a good reason for refusing extradition.
4. Double criminality
Extradition is not possible unless the act for which the person is wanted is criminalized in both jurisdictions.
5. Expiration of the statute of limitations
Mexican law may provide for the refusal of extradition if prosecution is no longer possible due to the expiration of the statute of limitations, both under the laws of Mexico and the laws of the country where the crime was committed.
6. Procedural errors
If the requesting state has not provided the required package of documents (original court verdict or arrest warrant, description of facts, evidence, relevant articles of law, etc.), the court may consider the request not to meet formal criteria.
The decision of the first instance can be challenged in a higher court. If there are circumstances indicating a violation of rights, it is possible to appeal to international bodies (for example, the Inter-American Court of Human Rights). Lawyers can also involve non-governmental organizations to collect data (reports on the use of torture, conclusions about the lack of an independent judiciary, etc.).
Our law firm has extensive experience in extradition cases both in Mexico and in other jurisdictions. We will assess your situation, develop a defense strategy and do everything possible to ensure that your rights and legitimate interests are protected at every stage of the process.
International extradition treaties with Mexico
As a major Latin American center, Mexico has a developed system of international agreements in the field of extradition. The joint fight against transnational crime, mutual recognition of judicial decisions, and the principle of inevitability of punishment are the basis of treaties on the extradition of suspects and convicted persons between countries. Each such agreement sets out terms and procedures to enable states to cooperate effectively and avoid abuses of justice.
Mexico’s extradition system is based on numerous bilateral and multilateral treaties that reflect the principles of mutual recognition of judicial decisions, respect for human rights, and the elimination of “criminal safe havens” for criminals. For businesses and citizens, the importance of such agreements is to ensure legal security: in the event of possible false accusations or controversial situations, there is a clear legal framework providing for protection and the possibility of appeal.
Mexico and USA
Mexico and the United States have one of the most famous extradition treaties, dating back to 1978. This agreement lays the legal basis for the transfer of persons wanted for crimes.
Given the length of the common border between the United States and Mexico, cross-border crimes often occur (drug trafficking, arms smuggling, money laundering), so extradition occupies a vital place in bilateral cooperation. The act for which the person is wanted must be a crime in both the United States and Mexico. After receiving the request, the Prosecutor General’s Office checks the set of documents, and the court decides whether there are sufficient grounds for extradition.
It is also worth considering successful examples of extradition between countries. In 2017, Spanish police detained Juan Manuel Muñoz Luevano, suspected of links to the Mexican drug cartel Los Zetas, and extradited him to the United States. In 2016, Mexico handed over to the United States one of the most famous drug lords in history, Joaquin Guzman (El Chapo). He was charged with drug smuggling and numerous murders. The case was an example of the effective implementation of the extradition agreement and confirmation that Mexico is willing to cooperate in stopping the activities of major drug cartels.
Currently, the extradition process is underway for 29 individuals suspected of a variety of crimes (from drug trafficking to murder), which illustrates the scale of cooperation between the law enforcement agencies of the two countries.
Mexico and Russia
Mexico and Russia have relatively recently strengthened diplomatic ties, which also cover the area of extradition. The treaty provides that states mutually recognize each other’s warrants and sentences to transfer persons accused or convicted of serious crimes.
As in other similar agreements, the principle of double criminality is observed: the act must be criminal in both countries. In addition, there must be sufficient evidence of guilt. If the persecution is believed to be politically motivated or the requesting country has the death penalty, Mexico can refuse extradition as a matter of constitutional principles. Often, the interaction takes place through Interpol channels: Mexico or Russia issues a red notice, after which the detainee is notified of the possibility of extradition.
Mexico and UK
Mexico and the UK have a treaty governing the terms of the transfer of criminals, reflecting the high degree of trust and cooperation between the two legal systems. The agreement was concluded to combat international crime, primarily related to economic crimes and drug trafficking.
In the UK, following a judicial review of extradition, the final decision is often made by the Home Secretary or other authorized government representative. Extradition requires that the act be considered criminal under both legal systems and carry a prison sentence of at least one year.
Mexico and UAE
Mexico and the United Arab Emirates signed an extradition agreement relatively recently, which came into force in 2015. The growth of trade and financial relations and the increase in the migration of businessmen and tourists created the need to have a mechanism for prosecuting persons. The Treaty covers serious crimes (money laundering, terrorism, drug trafficking, fraud). Minor offenses are usually not subject to extradition.
The UAE and Mexico must provide each other with appropriate documents (originals or certified copies of court decisions, descriptions of the act) confirming the seriousness of the charges. The UAE legal system contains elements of Sharia law, but the agreement takes into account international standards to exclude the use of corporal punishment or punishments that do not comply with the Mexican constitution.
Mexico and France
Mexico and France have historically interacted politically and culturally, and the extradition treaty complements this spectrum of interaction. The purpose of the extradition agreement is to provide an effective legal mechanism to combat international crime, including drug trafficking, human trafficking, and corruption.
France, as an EU member and signatory to the European Convention on Human Rights, strictly adheres to trial standards and can demand similar fair trial guarantees from Mexico. In addition to the bilateral agreement, Mexico and France also interact within organizations such as Interpol, OSCE, and the UN, which strengthens overall cooperation.
Mexico and Spain
The treaty clearly states that the crime must be punishable in both countries and be punishable by at least a year in prison. Political war crimes or cases where the statute of limitations has expired are excluded. If a person has already been convicted or acquitted of the same acts, extradition is not possible. This is a defense against re-harassment.
As an example of extradition between states, a case from 2012 can be cited. Four alleged members of the Sinaloa drug cartel were arrested in Spain while trying to establish drug supply channels to Europe. Spanish authorities cooperated with Mexico in the transfer of evidence and intelligence.
In addition, a “peine privative de libertad” procedure is possible between countries. Spanish courts and Mexican authorities can agree on where the accused will serve his sentence. The Spanish Guardia Civil and Mexican law enforcement agencies actively exchange operational information, which speeds up the processing of extradition cases.
Mexico and China
Mexico and China entered into an extradition treaty to strengthen cooperation in the fight against corruption, terrorist financing, and other serious crimes. Provides for double punishment, the exclusion of political crimes, as well as refusal of extradition in case of threat of the death penalty without guarantees.
Often, international persecution by China is politically motivated and related to the suppression of opposition activities. Therefore, Mexico conducts a thorough review of documentary evidence of guilt. The main areas where China is requesting extradition is large-scale corruption, banking fraud, and money laundering.
Mexico and Germany
The extradition agreement covers serious crimes: human trafficking, drug trafficking, corruption, murder, as well as economic crimes with impressive amounts. The request is transmitted through the Ministry of Foreign Affairs, the prosecutor’s office, and the courts. The priority is the availability of sufficient evidence and correct execution of documents (originals or certified copies of court decisions).
In the event of an extradition order, the defense has the right to appeal to the highest courts in Germany, up to and including the Federal Constitutional Court, if issues of constitutional rights and freedoms are involved. The procedure can take from several months to a year or more, depending on the complexity of the evidence and the number of instances.
How Interpol lawyers can help you with extradition
Extradition issues in Mexico and Interpol’s involvement often overlap when it comes to international searches for suspects. If there is a suspicion that an Interpol notice may be issued against you or your loved ones, lawyers will conduct a legal audit, will find out whether there is a real risk of detention in Mexico, and what the chances of appeal are.
If a Red Notice has already been issued, lawyers do to the CCF Commission a dossier justifying a violation of the organization’s charter. Competent defense at the court level makes it possible to refuse extradition or at least change the preventive measure (for example, instead of detention, house arrest or bail).
Our specialists have in-depth knowledge of Mexican legislation and the procedural mechanisms of Interpol, which allows you to navigate the situation and choose a defense strategy. In complex cases, we involve foreign colleagues and experts familiar with the specifics of specific jurisdictions to achieve the best result in transnational prosecution.
We carefully analyze the facts and the terms of extradition treaties and also consider the possibility of filing additional complaints to international human rights authorities. In business, time is a key factor. If detained upon notification of Interpol, the lawyers of our company are ready to get involved urgently, establish contact with law enforcement agencies, and protect the interests of the client in court.
Our services in the field of extradition:
- Initial consultation: assessment of the likelihood of extradition, checking the presence of Interpol notifications, analysis of charges and legal norms;
- Preparation of documents: collection of evidence, preparation of complaints to the CCF Commission, preparation of petitions and legal statements;
- Defense in Mexican courts: representing the interests of the client, challenging illegal arrest warrants, and initiating appeal or cassation procedures;
- Appealing Red Notices and Lawsuits: If the Interpol notice is political or unfounded, we will put together a case to have it overturned;
- Legal support during detention: lawyers can urgently get involved in the case, representing the defense at the stage of preliminary arrest and seeking release on bail;
- Negotiations and legal expertise: if necessary, we negotiate with foreign law enforcement agencies, exchange documents with them, and advise on the intricacies of international law.
Contact us right now to get a prompt initial consultation, assess the risks and prospects of the case, and protect your rights in Mexico and globally. Competent defense at an early stage often determines the outcome of the case and helps to avoid irreparable mistakes.
