The Executive grants extradition from Spain for aggravated homicide

The Executive Branch has granted the active extradition request for the Peruvian citizen Mery Yolanda Remicio Molina, claimed to be prosecuted in the country for the crime of qualified homicide. The decision is contained in Supreme Resolution No. 214-2026-JUS, signed in Lima on October 23, 2026, and published in the official newspaper El Peruano on Sunday, October 25, 2026, in the Legal Norms section.

What the supreme resolution provides

Article 1 of the instrument provides for granting the active extradition request for Mery Yolanda Remicio Molina “to be extradited from the Kingdom of Spain and be prosecuted in the Republic of Peru for the alleged commission of the crime of qualified homicide.” Article 2 establishes that the resolution is endorsed by the Minister of Justice and Human Rights, Ernesto Julio Álvarez Miranda, and by the Minister of Foreign Affairs, Alfonso Carlos Espá y Garcés-Alvear.

The document also bears the signature of the President of the Republic, Keiko Sofía Fujimori Higuchi, and was issued with the approving vote of the Council of Ministers, in exercise of the power conferred by numeral 8 of article 118 of the Political Constitution of Peru. The text does not detail in its recitals the circumstances of the imputed act nor the identity of the victim.

The request from the court of Páucar del Sara Sara

The request was formulated by the Preparatory Investigation Court of Páucar del Sara Sara-Pausa of the Superior Court of Justice of Ayacucho. According to the recitals, the Permanent Criminal Chamber of the Supreme Court of Justice of the Republic, through a Consultative Resolution dated August 10, 2026, declared the active extradition request admissible.

The Official Commission for Extraditions and Transfer of Convicted Persons, through Report No. 149-2026/COE-TPC dated October 13, 2026, proposed that the Executive Branch grant the request for the claimed person to be prosecuted for qualified homicide.

Invoked legal framework

The resolution is based on the following regulatory framework:

• Article 37 of the Political Constitution of Peru: extradition is only granted by the Executive Branch, following a report from the Supreme Court of Justice.
• Paragraph 1 of Article 514 of the Criminal Procedure Code: it is the responsibility of the Government to decide on extradition, whether active or passive, through a Supreme Resolution with the agreement of the Council of Ministers.
• Paragraph 5 of Article 34 of the Single Ordered Text of the Organic Law of the Judiciary, approved by Supreme Decree No. 017-93-JUS.
• Supreme Decree No. 015-2025-JUS, which approves the Regulations for the actions of the authorities participating in the procedures for extradition and transfer of convicted persons.
• Extradition Treaty between the Republic of Peru and the Kingdom of Spain, signed on June 28, 1989, in force since January 31, 1994, with an Amendment in force since July 9, 2011.

In the same edition of the official bulletin, Supreme Resolution No. 215-2026-JUS was published, which grants a request for the passive transfer of a Bolivian citizen to serve the remainder of his sentence in a penitentiary center of the Plurinational State of Bolivia.

Impact of the decision

With this pronouncement, the Executive closes the political phase of the procedure and enables the diplomatic route so that the Peruvian justice system may try the person claimed for a case of qualified homicide within the country. The resolution demonstrates the operability of the bilateral extradition treaty with Spain and the institutional circuit that requires a prior report from the Supreme Court and the official commission before any surrender.

Source: El Peruano, October 25, 2026, Legal Norms, p. 23 (official reference: R.S. No. 214-2026-JUS, code 2568126-1).