Since 2015, when Portugal opened a route to citizenship for descendants of Portuguese Sephardic Jews, many Israelis have come to hold a Portuguese passport. For most of them it is simply a European passport for work, study and travel. Once criminal proceedings are opened, however, in Israel or abroad, a question arises that is better answered in advance: does Portuguese citizenship protect against extradition? This page explains when it helps, when it does not, and what happens when an Israeli is arrested in Portugal itself.
Representation in cases connected with Portugal
I have practised criminal law, extradition and international crime since 1998, and I serve as Chairman of the Extradition and International Crime Committee of the Israel Bar Association. Where the proceedings take place in Portugal, we work with a Portuguese lawyer who appears in court, while our firm runs the strategy and the Israeli and international sides of the case.
When Portugal extradites its own citizens
Under Article 33 of the Portuguese Constitution, Portugal as a rule does not extradite its own citizens. There is an exception: a Portuguese citizen may be extradited for terrorism and for international organised crime, where a treaty guarantees reciprocity and the requesting state gives assurances of a fair trial. Within the European Union the European Arrest Warrant applies in addition, and it allows citizens to be surrendered between Member States.
In practice, therefore, a Portuguese citizen who is in Portugal has relative protection against extradition to a state outside the Union, such as Israel or the United States. That protection does not extend to every request, and it does not help where the warrant comes from another EU Member State.
What a Portuguese passport does not do
The protection described above is Portugal’s own, and it applies only while the person is on Portuguese territory. An Israeli citizen who is in Israel and also holds a Portuguese passport is not protected by it against extradition from Israel. The request will be examined by the Jerusalem District Court under Israel’s Extradition Law, 5714-1954, and an Israeli citizen who is also resident in Israel is extradited on condition that they are returned to serve any prison sentence in Israel.
The position is similar in a third country. In Greece or Thailand, for example, a Portuguese passport will not prevent an arrest on the basis of an INTERPOL notice. I made the same point in Posta, writing about an Israeli holding a Portuguese passport who was linked to the forex affair in Turkey: a European passport does not confer immunity.
An Israeli arrested in Portugal
Portugal is a party to the European Convention on Extradition, and so is Israel. An Israeli who is not a Portuguese citizen and is arrested there at the request of Israel or of another state will go through extradition proceedings before a Portuguese court, where it is possible to argue against extradition and to apply for release on conditions. A person arrested in Portugal on suspicion of an offence committed there, for example in a drugs or fraud case, will be dealt with under Portuguese law. In either situation it is advisable to act from the first day, together with a local lawyer.
What our representation covers
- A review of your status: citizenship, place of residence and which law governs each request
- Work with Portuguese criminal defence counsel in proceedings in Portugal
- Representation in extradition requests in Israel, including where the person sought holds European citizenship
- Review of INTERPOL notices, and applications for their deletion where there are grounds
- Advice before relocating to Portugal or travelling to a third country while proceedings are open
Why early action matters
Where to stay once proceedings have been opened against you is a legal decision as much as a personal one. Moving to Portugal, travelling through another country or returning to Israel each changes the law that applies and the risk of arrest, so it is worth taking advice before any such step. We can be reached 24/7 on +972-3-6969080. Readers with ties to France may also find our page on criminal defence in France useful.
Frequently asked questions
Does a Portuguese passport protect me from extradition?
Only partly. As a rule Portugal does not extradite its own citizens while they are on its territory, except for terrorism and international organised crime offences. In Israel or in a third country, a Portuguese passport does not protect against extradition or arrest.
I am an Israeli and Portuguese citizen and I am in Israel. Can I be extradited?
Yes. Portuguese citizenship does not prevent extradition from Israel. The request will be examined by the Jerusalem District Court, and an Israeli citizen and resident is extradited on condition that they are returned to Israel to serve any prison sentence.
Will Portugal surrender its own citizen to another EU country?
Yes. Under the European Arrest Warrant, citizens can be surrendered between EU Member States, subject to the conditions laid down by law.
What happens if an Israeli is arrested in Portugal at Israel’s request?
Extradition proceedings are held before a Portuguese court under the European Convention on Extradition. It is possible to argue against extradition and to apply for release on conditions.
Can an Israeli lawyer represent me in a Portuguese court?
No. Appearances in court are made by a Portuguese lawyer. We run the strategy and the Israeli and international sides of the case.
Official legal sources
This page provides general information and is not a substitute for legal advice based on the facts of a particular case. A Hebrew version of this page is available at עורך דין פלילי בפורטוגל.
