🇧🇾

Belarus

Extradition Law & Case Law

Connected jurisdictions
Case Law
Extradition and human rights risk: factual conduct of the requesting State and insufficiency of generic assurances
Summary
The prohibition on an Italian court issuing a decision favourable to extradition, where there is a risk that the requested person may suffer a violation of fundamental rights, arises not only from the legal framework of the requesting State, but also from the “factual conduct” of its authorities. This occurs where such authorities merely undertake to adopt the necessary initiatives to ensure detention conditions compatible with minimum standards of human dignity, without, however, concretely implementing adequate measures, despite their official awareness of the degraded state of the country’s prison facilities.
04/05/2016 · Italian Supreme Court · 24475/2016
🇮🇹Italy → 🇧🇾Belarus
Reversal and remandExtradition
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