Spanish courts apply a high evidential standard for political persecution claims. Successful defences typically include documentary evidence of the defendant’s political activities, expert reports on rule of law conditions in the requesting state, prior asylum decisions from other jurisdictions, and evidence of selective prosecution targeting political opponents. Reports from the UN Human Rights Council, Council of Europe, and recognised NGOs carry significant weight. Personal testimony alone is insufficient. The burden rests on the defendant to demonstrate that the criminal charges are a pretext for political persecution rather than legitimate law enforcement.
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