JudgmentsExtradition denial and EU ne bis in idem (Cass. 9068/23)
Without examination on the merits of the extradition request from another EU member state, a decision to dismiss is irrelevant for ne bis in idem.
JudgmentsEAW rules prevail on extradition rules in EU member states (Trento appellate court, 30.12.20022)
Who is arrested in extradition proceedings that should have been treated as a European arrest warrant has to be released.
JudgmentsGuarantee of non extradition: Interpol Nortice issuing State has to be summoned (Cons,. Stato, Nov,. 2023)
Is an assurance of non extradition from the government possible under Italian law?
JudgmentsExtradition to China? Impossible (ECtHR, Liu vs Poland, 2022)
Torture and other forms of ill-treatment are credibly and consistently reported to be used in Chinese detention facilities and penitentiaries hcich results in a ban for extradition.
JudgmentsDiplomatic assurances allow extradition to Moldova (Cass. 32430/22)
Moldovian diplomatic assurances allow extradition even if there are negative CPT reports.
JudgmentsExtradition to US of an EU citizen (Cass. 31287/22)
On extradition of an EU citizen to a third state (U.S.), the principles set forth in the CJEU Petruhhin, Pisciotti, and BY rulings should be applied by Italian courts, informing the state of EU citizenship, and - if necessary - verifying compatibility of detention conditions with right to health and right to treatment respectful of Article 3 of the EDU Convention.
Useful InformationArrested for an European Arrest Warrant in Italy
Arrested in Italy for an European Arrest Warrant: information and defense.
JudgmentsDiplomatic assurances and consequences of Russian withdrawal of ECHR (Cass. 18044/22)
Consequences of the cessation of membership of the Russian Federation to the Council of Europe in Italian extradition proceedings.
JudgmentsDiplomatic assurances from Russia have to be stronger in times of war (Cass., 10656/22)
In times of war between russia and Ukraine, diplomatic assurances from Russia have to be particularly verified.
JudgmentsExtradition, refugee status and subsidiary protection (Cass. 9682/22)
Administrative decision about refugee status is not binding in extradition proceedings, but its reasoning has to be taken into account.
JudgmentsDiplomatic assurances in extradition cases have to be verified (Supreme Court, 9680/22)
Diplomatic assurances in extradition proceedings have to be verified.
JudgmentsRequest for international protection does not stop extradition (TAR Lazio, 2022)
A pending request for international protection does not prevent international extradition.
JudgmentsPost Brexit extradition arrangments: the Italian way (It. Supreme Court, 34466/21)
Arrest warrants from the UK are formally governed by the provisions of the Agreement on trade and cooperation.
ArticlesExtradition of European citizens from an EU state other than the state of citizenship to third countries
Extradition to third countries of citizens of the European Union who have made use of their freedom of movement on the territory of the Union.
JudgmentsTerrorism charges increase risk of torture and ban extradition (Cass. 18122/21)
Extradition to India impossible due to danger of inhuman and degrading treatment.
ArticlesTrust needs facts, not words: diplomatic assurances in extradition proceedings
Reliance on diplomatic assurances has been a longstanding practice in extradition relations between States: but can they really be trusted?
JudgmentsMandatory credit of pretrial detention in extradition proceeding (Cass., 22257/20)
Time spent in pretrial detention in an extradition proceeding is a general principle of Italian law and a fundamental right of the defendant.
Useful InformationExtradition to Italy
How can an extradition request or a EAW surrender to Italy be fighted against? Some ideas and jurisprudence.
JudgmentsUnlawful pretrial extradition detention: compensation must consider suicide attempt (Cass. 50615/19)
Compensation for unlawful pretrial extradition detention under Italian law: psychological suffering and suiccide attempt count.
Useful InformationExtradition lawyer in Italy
How should someone choose a defense attorney in extradition cases or European Arrest Warrant cases?
JudgmentsNe bis in idem in extradition proceedings: a general principle of EU law (Cass. 54467/16)
The principle of ne bis in idem constitutes neither principle nor custom of international law: in the European context the principle of ne bis in idem is a general principle.
JudgmentsEU court ruling and ne bis in idem in Italian extradition proceeding (It. Supreme Court, 54467/16)
EU Court ruling has a ne bis in idem effect in Italian extradition cases.
Useful InformationExtradition from Italy
Italian extradition proceeding: rules and possible bans to extradition to this countries. Human rights defense.
JudgmentsItalian in absentia conviction infringes human dignity (BVerfG 2735/15)
The Italian rules governing the retrial of in absentia convictions do not respect human dignity.