Extradition from Mexico & Interpol Lawyer

Mexico actively cooperates with many countries and human rights organizations in the fight against international crime. In case of receiving an Interpol red notice and an extradition request in Mexico, it is important to seek qualified legal assistance as soon as possible. Our company has many years of experience in successfully resolving extradition cases and is ready to protect the interests of each client.

Extradition in Mexico

Extradition is a legal process by which one country transfers suspected or accused persons to another country for trial or criminal punishment. In Mexico, extradition is carried out in accordance with international agreements and national legislation.

Article 15 of the Constitution of Mexico is fundamental in matters of extradition. The Federal Law on International Extradition (Ley de Extradición Internacional) is the main regulation governing the extradition procedure in Mexico. It establishes the procedural aspects, conditions and limitations of extradition. The National Code of Criminal Procedure (Código Nacional de Procedimientos Penales) regulates the procedural aspects of criminal cases, including extradition proceedings.

Mexico has also concluded a number of bilateral extradition treaties with various countries, including the United States, Canada, Spain, France, Germany and many others. Mexico is a party to a number of international conventions that provide for extradition obligations:

Conditions of extradition in Mexico:

Availability of an extradition agreement;
The principle of double criminality;
The non-political nature of the crime;
Guarantees of a fair trial and respect for human rights;
The statute of limitations;
The principle of non bis in idem (inadmissibility of double punishment).

Mexico provides for extradition for the following crimes:

Intentional murder and attempted murder;
Human trafficking;
Sexual exploitation;
Illegal migration;
Drug trafficking;
Production of narcotic and psychotropic substances;
Activities of criminal groups;
Organization or financing of terrorist acts;
Money laundering;
Corruption;
Financial fraud;
Organized crime;
Embezzlement of public funds;
Tax evasion;
Illegal arms trafficking;
Cybercrime.

For extradition to be successful, the crime must be punishable in both Mexico and the requesting country. The request will be denied if the requesting country provides for the death penalty or torture.

Extradition process in Mexico

The Mexican Ministry of Foreign Affairs (Secretaría de Relaciones Exteriores, SRE) receives extradition requests and conducts a preliminary check to ensure compliance with international obligations and national legislation.

The basic requirements for the request are:

Identification data: full name, nationality, photograph;
Description of the crime;
Legal qualification of the case;
Copies of arrest warrants, sentences and other legal evidence.

The Attorney General’s Office of Mexico (Fiscalía General de la República, FGR) evaluates the legal aspects of the request, verifies the evidence presented, and presents the case in court.
The federal courts hear the case and provide procedural guarantees for the wanted person. The court issues a decision on extradition. The federal judge issues an arrest warrant. Once detained, the wanted person is notified of the reasons for the arrest, informed of his rights, and receives a copy of the extradition request and supporting documents.

The Supreme Court of Mexico (Suprema Corte de Justicia de la Nación) hears appeals against decisions of lower courts on extradition matters.

If you need professional legal assistance in matters of extradition or international law, contact our team of experts. We are ready to provide qualified support and advice at every stage of the process.

Non-Extradition Treaty with Mexico

Mexico has signed extradition treaties with many countries with which it has close economic and diplomatic cooperation. However, it does not have bilateral extradition agreements with the following countries:

North Korea
Iran
Cuba
China
Syria
Belarus
Vietnam
Mongolia
Afghanistan
Yemen
Sudan
Eritrea
Myanmar
Laos
Zimbabwe
Turkmenistan
Somalia
Libya
Iraq
Democratic People’s Republic of Korea

Legal Grounds for Challenging Extradition in Mexico

In Mexico, there are a number of legal grounds for challenging extradition:

Political nature of the crime: the motives of the act are aimed at changing the political system or against state institutions, occurs in the context of political struggles or conflicts;
Risk of human rights violation: protection from torture, inhuman treatment or risk of the death penalty, right to a fair trial;
No double criminality: extradition is possible only if the act is considered a crime both in Mexico and in the requesting country;
Statute of limitations: if the statute of limitations for prosecution has expired under Mexican law or the law of the requesting country, extradition may be refused.
The principle of “non bis in idem”: protection from double jeopardy guarantees protection from double jeopardy;
Insufficient evidence: the extradition request must be accompanied by sufficient evidence proving the person’s involvement in the crime;
Absence of an extradition treaty: if the legal circumstances and legal basis for extradition are not present, the request may be refused;
Procedural irregularities: if there were irregularities during the extradition procedure (failure to notify of rights, lack of access to a lawyer, violation of deadlines and procedural rules), this may be grounds for challenging;
Mexican citizenship: a Mexican citizen cannot be extradited to another country. However, Mexico may initiate criminal proceedings against its citizen in accordance with its own legislation if there are sufficient grounds for doing so;
Risk of prosecution for other crimes: if there is a risk that the person will be prosecuted for crimes not specified in the extradition request, this may be grounds for challenging the extradition.

If you require advice or legal assistance regarding extradition matters in Mexico, our team of experts is ready to provide qualified support.

How can Interpol lawyers help you with extradition?

Our team of Interpol lawyers provides comprehensive legal support:

Challenging an Interpol red notice: a thorough analysis of the case, checking the grounds for issuing a red notice and challenging it in the Commission for the Control of Interpol’s Files (CCF);
Preparation and management of extradition cases: full legal support in court and representation of the client’s interests at all stages of the process;
Legal advice: our specialists have deep knowledge of international law and practical experience in extraditions around the world. We advise on human rights, the right to protection and can minimize risks in the case of international legal proceedings.

We successfully defend clients’ rights in the most complex extradition and Interpol cases. Our team consists of highly qualified lawyers working all over the world. We develop individual strategies for each client, taking into account the specifics of the case and legal regulations.