China

In extradition proceedings, the reciprocity condition is satisfied when the requesting State provides an assurance of substantially equivalent treatment — formal diplomatic notes from the Chinese Embassy confirming no restrictions on Italy's participation in passive extradition proceedings are sufficient to this end. The legitimacy of a sub-state authority to represent the requesting State is confirmed by the Embassy and cannot be challenged under the requested State's domestic law. Any authority empowered under the requesting State's internal law to act in extradition proceedings must be recognized as a procedural party. Under Article 702 of the Italian Code of Criminal Procedure, the only formal requirement for the requesting State's intervention is the appointment of a lawyer admitted to practice before Italian courts, with no further formalities prescribed. A distinction must be drawn between mere participation in the proceedings — which requires only an explicit expression of interest — and full procedural standing as a party, which requires the appointment of counsel and confers the right to participate in oral argument and to lodge an independent appeal before the Court of Cassation.

The People's Republic of China requested the extradition of two individuals — a mother and son residing in Paphos, Cyprus since 2014 — for prosecution in connection with the alleged unlawful absorption of public deposits in violation of Article 176 of the Chinese Criminal Code, allegedly committed between August 2012 and April 2014 through a British company operating in Beijing. The requested persons raised objections on both formal and substantive grounds, arguing inter alia that their surrender would violate the fundamental principles of Cypriot and European law, given the prevailing situation of torture and systemic human rights violations in Chinese detention facilities. The court found that the formal requirements of the bilateral Extradition Treaty of 29 June 2018 (ratified by Law 12(III)/2019) and the double criminality condition were satisfied, but concluded — relying extensively on the ECtHR judgment in Liu v. Poland (App. No. 37610/2018, 6.10.2022) and expert evidence — that a general situation of violence and torture exists in Chinese detention and penitentiary facilities, thereby relieving the requested persons of the obligation to demonstrate specific personal risk factors. The court further held that the diplomatic assurances provided by China through the bilateral channel were insufficient to eliminate the real risk of ill-treatment, and accordingly rejected the extradition request as mandatorily precluded under Article 3(d) and (θ) of the Treaty.