Part I Fundamental rights and duties
Section II Rights, Freedoms, and Safeguards
Chapter I Personal Rights, Freedoms, and Safeguards
Article 33 Extradition, Deportation, Right to Asylum
1. Portuguese citizens shall not be deported from Portuguese territory.
2. Deportation of anyone who properly entered or is properly present in Portuguese territory, has been granted a residence permit, or has submitted a request for asylum that has not been refused may only be ordered by a judicial authority. The law shall ensure expedite forms of ruling in such cases.
3. The extradition of Portuguese citizens from Portuguese territory shall only be permissible where an international agreement has established reciprocal extradition arrangements, or in cases of terrorism or international organised crime, and on condition that the applicant state’s legal system enshrines guarantees of a just and fair trial.
4. Extradition for crimes that are punishable under the applicant state’s law by a sentence or security measure which deprives or restricts freedom in perpetuity or for an undefined duration, shall only be permissible in the event that the applicant state is a party to an international agreement in this domain to which Portugal is bound, and offers guarantees that such a sentence or security measure will not be applied or executed.
5. The provisions of the previous paragraphs shall not prejudice the application of such rules governing judicial cooperation in the criminal field as may be laid down under the aegis of the European Union.
6. No one shall be extradited or handed over under any circumstances for political reasons, or for crimes which are punishable under the applicant state’s law by death or by any other sentence that results in irreversible damage to a person’s physical integrity.
7. Extradition shall only be ordered by a judicial authority.
8. The right of asylum shall be guaranteed to foreigners and stateless persons who are the object, or are under grave threat, of persecution as a result of their activities in favour of democracy, social and national liberation, peace among peoples, freedom or rights of the human person.
9. The law shall define the status of political refugee.
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