Finland

EAW: only the existence of criminal proceedings pending in Italy against the requested person may be taken into account by the Court of Appeal within the framework of the grounds for postponement of surrender under Article 24 of Law No. 69 of 2005, and on the basis of an assessment of expediency in the light of the criteria already identified by this Court. The documentation most recently produced by the appellant cannot be taken into consideration, since it postdates the surrender decision and, in any event, the mere filing of a criminal complaint cannot, as a matter of principle, affect the decision on surrender.

Romania requested the surrender of the requested person from Finland under a European Arrest Warrant for the execution of a five-year custodial sentence. Although general information showed overcrowding and inadequate conditions in Romanian prisons, and the initial information indicated that the requested person would have less than 3 sq.m. of personal space in Focșan prison, Romanian authorities subsequently provided an individualised assurance guaranteeing at least 3 sq.m. of personal space. The Supreme Court held that such an assurance, transmitted through the competent authorities and specifically issued for the case, was reliable and had to be given substantial weight in the absence of precise evidence showing exceptional circumstances capable of undermining it. The Court therefore found no real risk of inhuman or degrading treatment under Article 4 of the Charter and allowed the surrender to Romania.