European Arrest Warrant Executed in Spain — Drug Trafficking — Release Obtained

Our client was arrested in Spain on an Italian EAW issued in connection with alleged participation in an international drug trafficking organisation. We coordinated with Spanish defence counsel and challenged the validity of the EAW before the Spanish executing authority, securing his release.

The arrest in Spain

Our client was arrested by Spanish police on the basis of an EAW issued by Italy alleging participation in a criminal association engaged in international drug trafficking, contrary to Article 74 of Presidential Decree 309/90. The arrest occurred during his legitimate stay in Spain for work purposes. He contacted our firm immediately.

Cross-border defence

We immediately coordinated with Spanish defence counsel, providing them with the full Italian procedural file and our analysis of the available grounds for challenging the surrender. Our focus was on demonstrating that the factual basis of the EAW did not satisfy the evidentiary threshold required by Spanish law for the application of custodial measures in EAW proceedings, and that his connection to Spain provided grounds for alternative execution under Article 4(6) of the Framework Decision.

Being arrested on an EAW abroad is disorienting and frightening. The defendant typically speaks no Spanish, has no legal representation, and faces a procedure in a foreign legal system. We bridge that gap: we engage immediately with local counsel and provide the strategic direction needed to defend the case effectively.

Outcome

Our client was released from Spanish custody. The surrender was successfully challenged. Our client returned to Italy where the criminal proceedings are continuing. He is facing the Italian proceedings with full legal representation and from a position of freedom.