CAT/C/30/D/219/2002 page 4 second of four years and three months. However, the Audiencia Nacional acquitted him of the charges in relation to the storage of firearms and to the possession of explosives due to lack of proof that he had known about the existence of these materials, noting that he had rented the apartment at calle Padilla at the request and for the use of a friend, Dolores Lopez Resin (“Lola”). The judgement states that, immediately following the search of that apartment, the convict assisted the escape of several members of the commando “Barcelona” by renting, and changing the licence plates of, a car which he, together with these members, used to leave Barcelona. 2.6 The complainant was arrested by Swiss police when crossing the Austrian-Swiss border at St. Margrethen on 14 March 2002, on the basis of a Spanish search warrant, dated 3 June 1994. She was provisionally detained, pending a final decision on her extradition to Spain. During a hearing on 20 March 2002, she refused to consent to a simplified extradition procedure. By diplomatic note of 22 April 2002, Spain submitted an extradition request to the State party, based on an international arrest warrant dated 1 April 2002, issued by the Juzgado Central de Instrucción No. 4 at the Audiencia Nacional. This warrant is based on the same charges as the original arrest warrant and the writ of indictment against both the complainant and Mr. Ramos Vega. 2.7 By letter of 7 June 2002, the complainant, through counsel, asked the Federal Office of Justice to reject the extradition request of the Spanish Government, claiming that by referring the criminal proceedings to the German authorities, Spain had lost the competence to prosecute the complainant, thus precluding the complainant’s extradition to that country.3 Moreover, the fact that the Spanish authorities, in their extradition request to the State party, had deliberately not revealed who actually rented the apartment at calle Padilla, indicated that the complainant was to be tried for political rather than juridical reasons. Since political offences were not extraditable,4 counsel argued that, contrary to the general rule that decisions on extraditions were purely a formal matter, the State party was obliged to examine whether a reasonable suspicion of an offence existed with respect to the complainant, in the absence of any link with the firearms and explosives found in the calle Padilla apartment, or with the escape vehicle. In counsel’s opinion, the complainant’s extradition is also precluded by the fact that the Spanish arrest warrant was based on testimony which had allegedly been extracted from Mr. San Epifanio by torture. 2.8 By decision of 8 August 2002, the Federal Office of Justice granted the Spanish extradition request, subject to the condition that the complainant was not to be tried for political motivations to commit the alleged offences and that the severity of punishment was not to be increased on the basis of such a motivation. This decision was based on the following considerations: (1) that the examination of reciprocal criminal liability was based on the facts set out in the extradition request, the evaluation of facts and evidence and matters of innocence or guilt being reserved to the Spanish courts; (2) that no issue of ne bis in idem arose since the German authorities, for lack of territorial competence, had not exhaustively dealt with these questions; (3) that the charges brought against the complainant were not of a purely political nature; (4) that the complainant was not at direct and personal risk of being tortured during

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