The National Court of Spain pronounced in favor of the businessman’s extradition Carlos Mattos, required by the Colombian justice.
The resolution, which was released this Thursday and is dated June 23, presents the arguments against Mattos ‘lawyers’ requests. It also clarifies that it is not firm, since appeal may be filed before the plenary of the Criminal Chamber of the same National Court, and The last decision corresponds to the Spanish government.
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Colombian justice demands the extradition of Mattos, who is in Spain on parole, for having delivered 250 million pesos to a judge with the aim of favoring her company, Hyundai Colombia Automotriz, against the lawsuit of Global Car World SAS. Is about a bribery offense, also typified in Spanish criminal law.
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The arguments
Mattos ‘defense attorneys’ arguments against his extradition include the fact that This also holds Spanish nationality. In this regard, however, the National Court concludes that “Spanish nationality is not in itself a reason to deny extradition”.
Clarify that nor could it ask for compliance with the sentence in Spain because “for this it would be necessary for the prisoner to be in Colombia and request to serve the sentence in Spain”, which does not “happen in this case”. In the past, in a first request, this argument had already been rejected by the Spanish justice.
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On the other hand, Mattos’ defense considered that, due to his state of health, it would be harmful to confine him to a prison in Colombia, whose prisoners live in a state of overcrowding. To do this, he presented the businessman’s clinical history, which includes various physical and psychological conditions; among them, arterial problems, diabetes, skin tumors and depression. This took him a few days ago to hospitalize.
The judicial body considered that his health is no obstacle to being extradited to ColombiaNor is the age of the accused, who is 71 years old.
It also found that the person claimed by the foreign justice can perfectly receive the same medical treatments that he has had so far in Spain.
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Mattos’ defense alleged several health problems and the fact of having Spanish nationality.
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Serious facts
Although the National Court did not enter to study the process followed in Colombia, it does make clear that the facts are serious “by affecting the proper functioning of the administration of justice, since the action that is imputed to him is the one of having delivered amounts in cash to a practicing judge so that he dictated a certain resolution ”.
In any case, says the court of law, the crime charged fits into the situations provided for in the extradition agreement between Colombia and Spain, and “justifies the actions of the states for their persecution and punishment.”
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The final decision on the extradition of Mattos, according to the legal norms of this country, will correspond to the Spanish government, who has the legal power to deliver or not the person sought and deny the corresponding extradition.
The resolution of the National Court it is not, therefore, binding, and the government, in exercise of national sovereignty, may reject extradition for security reasons or because it affects the essential interests of Spain.
JUANITA SAMPER OSPINA
* EL TIEMPO correspondent
Madrid
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