The ordinary offence that conceals political persecution: a multi-level analysis of lawfare in international judicial co-operation

Abstract

This article examines politically motivated persecution disguised as ordinary criminal prosecution as a ground for opposing extradition under Spanish and international law. Drawing on the case law of the Spanish Constitutional Court, the European Court of Human Rights, and the legal framework of INTERPOL, as well as universal and regional human rights protection systems, the study proposes a structured evidentiary standard and a multilevel protection framework to strengthen safeguards against extradition requests motivated by political considerations. It concludes that effective coordination among national and international mechanisms is essential to ensure comprehensive protection of fundamental rights.