Extradition from Morocco: procedure and defence

Extradition holds a special place in Laamrani Law Firm's practice. We have assisted several people whose surrender foreign authorities sought from the Moroccan authorities, before the Criminal Chamber of the Court of Cassation, the court that examines such requests in Morocco. Because Maître Abdelatif Laamrani is a member of the Casablanca, Paris and Montréal Bars, the case can be followed in both the requesting state and Morocco.

Has someone close to you been arrested on a red notice or extradition request? Call the firm without delay, including on our emergency line +212 661-066-690. Grounds of defence must be raised in time.

How does the procedure begin?

The person sought is usually arrested on an Interpol red notice or a request for provisional arrest, then held in custody pending extradition until the requesting state's formal request and supporting documents arrive. At this stage we check the lawfulness of the basis for the arrest and, where appropriate, apply for release.

The role of the Court of Cassation

The Criminal Chamber of the Court of Cassation examines the request and gives an opinion. An unfavourable opinion binds the government and extradition cannot be granted. A favourable opinion leaves the final decision to the government. The hearing before the Court of Cassation is therefore the decisive moment of the defence.

Grounds of defence

• Applicable treaty: precedence of the bilateral treaty over domestic law, and compliance with its conditions.
• Double criminality: the conduct must be an offence in both states.
• Limitation: of the prosecution or of the sentence.
• Political character: of the offence or of the request itself.
• Moroccan nationality: Morocco does not extradite its own nationals.
• Rule of speciality: the person surrendered may only be tried for the conduct for which extradition was granted.
• Fundamental rights: the risk of violation in the requesting state.
• Form: defects in the request and its documents.

Removing an Interpol red notice

A red notice may remain in place even after extradition has been refused, and can lead to a fresh arrest in another country. Where justified, we therefore apply to the Commission for the Control of Interpol's Files to have the notice deleted, especially where the request is political or the procedure irregular.

A defence that does not stop at the border

We prepare the defence with colleagues in the requesting state, so that irregularities raised in Morocco continue to serve the person surrendered before that state's courts. We also assist people sought in France and in the Gulf states, in particular the United Arab Emirates. For drug cases, see also our Drug offence lawyer page.

Frequently asked questions

Who decides on extradition in Morocco?

The Criminal Chamber of the Court of Cassation examines the request and gives an opinion. If it is unfavourable, extradition cannot be granted. If it is favourable, the final decision rests with the government.

Does Morocco extradite its own nationals?

No. Morocco does not extradite its nationals. The facts may, however, be referred to the Moroccan authorities for prosecution and trial in Morocco.

What is an Interpol red notice?

It is a request to police forces worldwide to locate and provisionally arrest a person pending extradition. It is not in itself an international arrest warrant, and its deletion can be sought from the Commission for the Control of Interpol's Files.

Can the person be released during the procedure?

Yes, release can be sought while the request is being examined, by offering guarantees that the person will attend.

What are the main grounds of defence?

The applicable treaty, double criminality, limitation, the political character of the offence or request, Moroccan nationality, the rule of speciality, the risk to fundamental rights and formal defects in the request.

Can you help if the person is sought by Morocco and is abroad?

Yes. We appear directly before the French courts and work with local colleagues in other countries, particularly in the Gulf.

Does the red notice disappear after extradition is refused?

Not necessarily. Where appropriate, its deletion should then be sought from the Commission for the Control of Interpol's Files to avoid a fresh arrest in another country.