The EU Court of Justice has ruled that Spain cannot retroactively apply for the extradition of Majorcan rapper Josep Miquel Arenas, aka Valtonyc from Belgium.
The Luxembourg-based Court said that its ruling does not mean that the execution of the European arrest warrant should be denied, but that it is up to the Belgian Justice Department, which has already refused to extradite the rapper.
Valtonyc fled to Belgium in June 2018, after he was sentenced to nearly 3 years in jail for glorifying terrorism in his lyrics.
When requesting his extradition from Belgium in 2018, Spain processed the request for a crime of “terrorism” which is included in the list of crimes to which the suppression of the double classification of facts applies and based on the new law of 2015 in Spain, carries a maximum prison sentence of three years.
The Belgian Justice Department refused to extradite Valtonyc in September 2018 alleging that there was no double criminality, and that none of the three charges for which he was convicted in Spain are classified as a crime.