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Extradition, surrender already executed and concrete interest in filing an appeal
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Summary
The interest in filing an appeal—being a condition for the admissibility of any challenge—must be directly linked to the primary and immediate effects of the contested decision, and exists only where the appeal is capable of producing a more favourable situation for the appellant through the removal of a prejudicial measure. In the present case—where surrender had already been carried out—the applicant did not even expressly assert an interest in obtaining a decision to be relied upon for the purposes of Article 314 of the Italian Code of Criminal Procedure (compensation for wrongful detention). Accordingly, the execution of the surrender to the requesting State results in the appeal being declared inadmissible due to a supervening lack of interest, where the requested person challenges the refusal to revoke or declare ineffective the custodial measure imposed during the extradition proceedings.
19/12/2017 · Italian Supreme Court · 15510/2017
🇮🇹Italy → 🇨🇴Colombia
Decision on precautionary measureExtraditionNeed legal assistance?
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