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Latvia

Extradition Law & Case Law

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Case Law
EAW: risk of inhuman or degrading treatment and limits of reliance on generic assurances
Summary
European Arrest Warrant (EAW) and risk of inhuman or degrading treatment: the assessment carried out by the Court of Appeal cannot be based on generic assurances of compliance with legal provisions and absence of risk, as expressed in the communication sent by the Latvian authorities. While, as a general rule, reliance must be placed on assurances provided by the issuing Member State, it remains possible, in certain circumstances, to establish the existence of a real risk of treatment contrary to the guarantees set out in Article 4 of the Charter, particularly in relation to detention conditions.
31/10/2024 · Italian Supreme Court · 40497/2024
🇮🇹Italy → 🇱🇻Latvia
Reversal and remandEAW
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