He argued that his surrender to the Italian authorities would infringe his right to
fair trial enshrined in Article 24 (2) of the Spanish Constitution, because he had been convicted for a very serious offence in absentia without him having the possibility of challenging his conviction.
The protection against self - incrimination derives from the right to a
fair trial and the presumption of innocence
enshrined in Article 6 of the European Convention on Human Rights and Articles 47 and 48 of the Charter of Fundamental Rights of the EU.