The National Court cancels the extradition to Colombia of a rapist tried in absentia and is released

MADRID, 3 Ago. (EUROPA PRESS) -

The National Court has canceled the extradition to Colombia of a man convicted of the rape of a child under 10 years of age in the South American country after proving that the defendant had been tried in absentia, that is, without the defendant being present, and has agreed release him.

In an order dated July 17, collected by Europa Press, the head of the Central Court of Instruction Number 4, José Luis Calama, agrees to release the defendant and archive his extradition file.

The man's defense, exercised by Ospina Abogados, has explained that on February 21 of this year Colombia requested Spain, through an International Arrest Warrant, to proceed to arrest and hand over J.A.G. who resided in Spain and was sentenced to 12 years and 11 months in prison for allegedly raping a child under 10 years of age in Colombia.

According to the office, Interpol processed the request for international cooperation by sending the arrest warrant to Spain. The interested party was arrested in Vitoria, and was later released when the defense showed solid evidence that the extradition procedures to his country of origin (Colombia) were wrong.

His defense, after verifying that the trial for which he had been convicted in Colombia had been held without the presence of the defendant, opposed the surrender of his client because this situation was contrary to the agreement between the two countries.

In turn, his representation contacted a criminal law firm in Colombia in order to deactivate the international extradition request. The Colombian defense, in cooperation with the Spanish firm, appeared in the Colombian process and appealed the conviction.

After appealing the sentence in Colombia, the court agreed with the defense of the illegally convicted person, thus annulling the sentence and revoking the International Arrest Warrant.

Once the annulment of the sentence in Colombia was obtained, it was witnessed and presented to the Spanish authorities, thus requesting that the extradition requested to the National Court be paralyzed and annulled, who denied the delivery to Colombia.