North Macedonia

In extradition proceedings, the acquisition of specific and individualised information is necessary where information—emanating from official sources—reveals structural deficiencies in the prison system of North Macedonia, and thus a risk that detained persons may be subjected to inhuman or degrading treatment. The Court of Cassation considered, among the relevant assessment parameters, the findings of a report issued by the European Committee for the Prevention of Torture of the Council of Europe, published in 2017, whose conclusions were substantially confirmed during a subsequent visit by the same Committee in 2019. With specific reference to the present case, it should be noted that the existence of information from official sources regarding structural shortcomings in the North Macedonian penitentiary system is even more up to date, as evidenced by a report of the Council of Europe’s Committee against Torture dated June 2024, which—broadly speaking—highlighted that, compared to previous CPT inspections in 2016 and 2019, no improvements have been made in the treatment of persons deprived of their liberty.

In assessing whether pre-trial measures have lost their effectiveness under the law of the requesting State, the Italian court cannot review the merits of the powers exercised by the Macedonian judicial authority. Therefore, where it does not appear that the precautionary measure has been revoked, the judicial authority of the requested State cannot challenge its validity.