Tag: extradition

Diplomatic assurances form Turkey are not enough when fundamental rights are at stake — extradition demands objective, reliable, and up-to-date evidence to rule out inhuman or degrading treatment.

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.

In Italian national criminal cases, law establishes phase-based and overall limits ofr pretrial detention;  in extradition and EAW cases, the framework is autonomous.

Under Italian law, the arrest on an ICC arrest warrant is if executed conducted without the involvement of the Minister of Justice which is mandatory under Italian implementing law. 

Extradition of a third-country national beneficiary of refugee status ios precluded under Italian and EU law as long as the conditions for enjoying that status are met. 

US interpretation of sepcialitz principle imn international extradition cass can be a ban for extradition. 

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.

War in Ukraine does not ban extradition, since war is a general situation existing in the extradition requesting state not affecting the defendant because of the guarantees that the judicial authority of that requesting state has provided regarding the individualizing detention treatment that will be assured to the extradite in a penal institution that is currently located in an area not directly affected by the war events.

Extradition request does not prevent recognition of a foreign decision under Italian extradition rules: on the opposite, if the latter is accepted, it prevents extradition. 

Floight risk in extradition proceedings must rely on concrete, specific and revealing elements of a real propensity and possibility of clandestine departure by the extradite.

Extradition arrest and pretrail detention in Italy for a Interpol Red Notice is unlawful when the requesting State could sentence to death. 

In the case of an extradition request from a third country of a citizen of an EU country who is in the European Union but outside the territory of the…

Fundamental rights are not affected in an extradition to Moldova since detention institutions are not directly affected by war events.

As a result of the outbreak of the Russian-Ukrainian conflict, it is reasonable to assume that the problem of prison overcrowding reported in a pilot judgment as early as 2020…

Extradition to Ukraine for common crime is prevented by detention conditions and the impossibility - due to the war - of a fair trial.

If defendant fails to address in the first instance judgment inhuman and degrading detention conditions in requesting state in an extradition proceeding, Supreme Court cannot take the ban into consideration. 

In an extradition proceeding to Ukraine, there are serious and proven grounds for believing that who is surrendered to Ukraine would be exposed to a real risk of flagrant denial of justice under the provisions relating to pre-trial detention resulting from the martial law in force and the situation of armed conflict prevailing in Ukraine, such as to profoundly disorganize the judicial system and prevent the progress of the proceedings.

Political persecution and detention conditions ban extradition of a Kurd to Turkey. 

In in absentia convictions prior to 2014, the 30 days term from surrender to Italy for requesting retrial set in Italian  Code of Criminal Procedure constitutes a favorable term as well as an additional guarantee with respect to the ordinary term of 30 days from the date of effective knowledge of the conviction: nothing precludes the defendant to file a retrial request before surrender within 30 days form arrest. 

Recognition of foreign criminal judgment required under international judicial cooperation EAW and extradition requires that double incrimination exist at the time of the Italian surrender / extradition decision, not tempus commissi delicti.

Wrong choice of Italian extradition lawyer can impact heavily on rights of the defendant: are there any remedies for professional misconducts?

Failure to rehear direct witness by overturning first instance accqittal does not constitute a violation of one of the fundamental principles of the Italian legal system, relevant for banning extradition.

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.

Unlawful pretrail detention compensation in EAW.

Who is arrested in extradition proceedings that should have been treated as a European arrest warrant has to be released.

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

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.

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

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.

Arrested in Italy for an European Arrest Warrant: information and defense.

German dismissal of the case by the Prosecution grants an EU ne bis in idem effect and bans extradition to a third state. 

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

In times of war between russia and Ukraine, diplomatic assurances from Russia have to be particularly verified.

Administrative decision about refugee status is not binding in extradition proceedings, but its reasoning has to be taken into account. 

Diplomatic assurances in extradition proceedings have to be verified.

 

A pending request for international protection does not prevent international extradition.

Under Italian law, the Interpol Red Notice entry by the requesting State constitutes in itself a request for proviional arrest and pretrial detention, prior to the forwarding of the extradition request.

Arrest warrants from the UK are formally governed by the provisions of the Agreement on trade and cooperation.

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.

Extradition to India impossible due to danger of inhuman and degrading treatment.

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

Interpol red Notice abuse and defence in Italy.

Time spent in pretrial detention in an extradition proceeding is a  general principle of Italian law and a fundamental right of the defendant.

How can an extradition request or a EAW surrender to Italy be fighted against? Some ideas and jurisprudence.

Compensation for unlawful pretrial extradition detention under Italian law: psychological suffering and suiccide attempt count.

Italian in absentia conviction cannot be justified with effective knowledge deriving an Interpol red notice arrest. 

How should someone choose a defense attorney in extradition cases or European Arrest Warrant cases?

Arrested in Italy for extradition or European arrest warrant? A guide with basic information about Italian law.

Italy's supreme Court of Cassation in december 2016 with ruling No. 54467/16 has blocked the extradition to Turkey of a drugs trafficker because Turkey violates human rights.

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.

EU Court ruling has a ne bis in idem effect in Italian extradition cases. 

 Italian extradition proceeding: rules and possible bans to extradition to this countries. Human rights defense. 

Interpol red Notice is not only a technical-operational tool through which international searches for a subject are expedited, but it is also an expression of the will of the State concerned to promote the extradition procedure, subject to the wanted person being subjected to measures of pretrial detention.

The Italian rules governing the retrial of in absentia convictions do not respect human dignity.

In every extradition proceeding the defendant has to be released if extradition request does not arrive within 40 days, even if treaty gives a longer deadline.

In an extradition procceding the extradited person's pretrial estradition detention counts for the purposes of calculating pretrial detention terms.    CONSTITUTIONAL COURT JUDGMENT NO.