On 25 August 2000, a Spanish judge requested the preventive detention in Mexico and subsequent extradition to Spain of a former Argentinean military officer, Miguel Angel Cavallo, under charges of genocide, torture and terrorism. These crimes had been allegedly committed during Argentina's military dictatorship (1976-1983).

On 11 January 2001, the judge in charge of the 6th district court in Mexico stated that Mexico was under a duty, through its international treaty obligations, either to extradite or prosecute person or persons accused of crimes against humanity such as genocide, torture or terrorism. He considered, however, that the accused could not be extradited on the charge of torture because the statute of limitations created by the Mexican legislature had expired with regard to the alleged torture. The judge considered that the Spanish court had jurisdiction to hear cases dealing with certain crimes regardless of the territory in which they were committed. The judge based his judgement on the Extradition Treaty between Mexico and Spain and other international instruments, such as the 1948 Genocide Convention or the 1984 Torture Convention, as well as on Mexican and Spanish legislation, notably Spain's Organic Law on the Judicial Power .

On 2 February 2001, the Ministry of Foreign Affairs allowed the extradition to proceed on the charges of genocide and terrorism. The Ministry also authorized extradition on the charge of torture, despite the previous resolution of the judge that the crime of torture was subject to statutory limitations. The Ministry argued that the crime of torture cannot be subject to statutory limitations because of its legal nature and implication.

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