Tag: diplomatic assurances

In view of the defense allegations questioning the protection of fundamental rights and the lack of credibility of the requesting State in providing information, incomplete or generic diplomatic assurances on the conditions of detention and the fairness of the trial in absentia prevent surrender.

Proportionality check is, in principle, the exclusive responsibility of the State issuing the EAW, not the executing State: the principle of proportionality, although codified in the legislation on the EIO does not modify the conditions of legitimacy of the EAW, except in very limited and well-defined cases.

Diplomatic assurances consent extradition to Ukraine: despite the ongoing war conflict, it has been assured that international human rights treaties are fully respected in the territories of Ukraine.

Defendants in a criminal trial have to be summoned properly in order to guarantee their right to a fair trial and lack of international diplomatic cooperation cannot justify an exception.

Reticent and incomplete information about prison conditions  bans surrender in Cyprus investigative European Arrest warrant proceeding.  

Greek executive EAW rejected, Chania prison has inhumane and degrading conditions due to overcrowding.

Is an assurance of non extradition from the government possible under Italian law?

The executing judicial authority in European Arrest Warrant cases cannot rely on generic information of issuing authority.

EAW to Greece should be rejected despite supplementary information regarding detention conditions. 

Moldovian diplomatic assurances allow extradition even if there are negative CPT reports.

Consequences of the cessation of membership of the Russian Federation to the Council of Europe in Italian extradition proceedings. 

Diplomatic assurances in extradition proceedings have to be verified.

Reliance on diplomatic assurances has been a longstanding practice in extradition relations between States: but can they really be trusted?