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FRANCE/SPAIN: No extradition, but "temporary surrender" likely

01 May 2001

At a Franco-Spanish summit in Touluse, 12-13 July, on cooperation in the fields of justice, industry, and foreign and home affairs French interior minister Daniel Vaillant ruled out the possibility of a bilateral agreement with Spain on extradition. Spain concluded a treaty on this issue with Italy in November 2000 (see Statewatch vol 10 no 6) and obtained an agreement to draw up a treaty with the UK in March 2001 (see Statewatch vol 11 no 2). Portugal refused any such agreements claiming they infringed the constitutional rights of defendants.
In response to the French refusal, Spanish justice minister Angel Acebes proposed the "temporary surrender" of detainees suspected of terrorism to allow Spanish investigating authorities to question them. His French counterpart Marylise Lebranchu claimed that there is no legal obstacle to introducing such a practice, which is to be discussed by the Franco-Spanish working group on justice (see Statewatch vol 11 no 1) in September, despite admitting that it is unprecedented. Lebranchu reiterated France's commitment to support proposals for a European directive to remove the safeguards in extradition procedures.
Continuing French cooperation with Spain against terrorism saw the creation of a special police corps to deal with urban violence and ETA, based in Bayonne, in the French Basque region. It began operations on 18 June 2001. The corps, which is manned by civilian staff with access to advanced technology, is composed of 25 officials and headed by police commissioner George Bonfont from the National Anti-terrorist Division. It will be divided into three operational groups. Interior ministers Mariano Rajoy and Daniel Vaillant will study new forms of cooperation, including the opening of a joint police station in Canfranc.

El Pais, 3.4.01, 22.5.01, 11-13.7.01.