Spain Accused of Secretly Handing Jailed US Activist’s Phone to FBI, Violating Extradition Treaty

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Lawyers for James “Fergie” Chambers, a US citizen jailed in Spain and facing extradition, allege that a Spanish court secretly handed his cellphone to the FBI, according to a report by The Guardian. The transfer allegedly occurred despite written guarantees from the court that the phone “would remain under the court’s custody while the extradition request was resolved,” as required by both Spanish law and the bilateral extradition treaty between the two countries. The claim raises serious questions about legal procedures and international cooperation in the high-profile case.

The phone’s handover to the FBI is said to violate the US-Spain extradition treaty, which mandates that evidence and personal effects remain under the custody of the requested state until the extradition process concludes. Chambers’s lawyer, Martínez, emphasized that the team had received explicit written assurances from the court, making the alleged transfer a breach of trust and legal protocol. This action, if confirmed, would constitute a significant violation of international legal norms and could undermine the integrity of the extradition process. The FBI has not publicly commented on the matter.

Chambers remains imprisoned in Madrid after a judge denied a petition for provisional release earlier this month, citing concerns that his wealth made him a flight risk. His personal effects, including keys and identification, were retrieved last month by Schnabel at the prison where he is detained. Chambers is the first US citizen facing extradition for alleged support of Hamas, a designation that adds further complexity to an already sensitive case. The extradition request, reportedly filed by the US government, hinges on accusations that Chambers provided material support to the organization.

The alleged secret transfer of Chambers’s phone to the FBI not only challenges the legal protections afforded to defendants but also casts doubt on the transparency of international judicial cooperation. Legal experts suggest that such actions could set a troubling precedent for future extradition cases and strain diplomatic relations. As the extradition process unfolds, Chambers’s legal team is expected to challenge the phone transfer and seek accountability from Spanish authorities. The case continues to draw attention from civil liberties advocates and international observers, who are closely monitoring the proceedings for any further irregularities.

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