Pakistan Extradition Law — Case Law, Legal Framework and Procedure

Extradition cases involving Pakistan — Requested and Requesting State

🇵🇰

Pakistan

Pakistan Extradition Law & Case Law — 5 cases

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As requested
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As requesting
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Case Law
Extradition to Pakistan and risk of the death penalty
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Summary
In the absence of an extradition treaty between Italy and Pakistan, the rules of the Italian legal system apply, in particular Article 698(2) of the Italian Code of Criminal Procedure, which does not allow “prosecutorial” extradition to a foreign State (nor the application of a coercive measure) where the offence for which extradition is sought is punishable by death in the requesting State. Indeed, in the absence of a final foreign judicial decision excluding the application of the death penalty in the specific case, the Italian judicial authority has no margin of discretion. Consequently, under the current legal framework, no decisive weight may be attached to the assurances contained in the “certificate of moratorium on capital punishment” attached by the Pakistani authorities to the extradition request, stating that the Government of that State has suspended executions and that, should the death penalty be imposed, it would not be carried out without the prior consent of the Italian Government.
25/03/2026 · Italian Supreme Court · 16482/2026
🇮🇹Italy → 🇵🇰Pakistan
DeniedExtradition
Court’s assessment of flight risk and requested person’s ability to leave the country
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Summary
Precautionary measure: the requirements of concreteness and present relevance of the risk of flight must be assessed by the court in light of the purpose of surrender to which the procedure is directed. Such assessment must therefore be based on a prognostic judgment, grounded on specific elements drawn from the requested person’s life, as to the risk that he or she may evade surrender by leaving the national territory. (In the present case, the risk of flight was inferred from the manner in which the requested person had clandestinely travelled from one continent to another, under extremely harsh conditions and exposing himself to very serious risks to his personal safety).
30/05/2024 · Italian Supreme Court · 26647/2024
🇮🇹Italy → 🇵🇰Pakistan
Decision on precautionary measureExtradition
Country Contributor
Saad Khan
SK Global Legal
Saad Khan is an International Legal Consultant and Attorney with experience in cross-border disputes, international arbitration, criminal defence, corporate advisory, regulatory compliance, constitutional practice and immigration matters.
He advises individuals, businesses, and international clients on complex legal issues involving multiple jurisdictions, delivering strategic, practical, and commercially focused legal solutions.
He is also the Founder of SK Global Legal, a legal consulting and litigation support firm serving law firms, businesses, and private clients across the United States, United Kingdom, Canada, and other international jurisdictions. He previously served as State Counsel at the Advocate General's Office, where he represented and advised the Government in constitutional, administrative, criminal, and public law litigation before the High Courts of Pakistan. Saad Khan was recognized as the Best Trial Lawyer of the Year (2025–2026) by the Bar Association Peshawar High Court, in recognition of his advocacy, courtroom excellence, and contributions to the legal profession. He was awarded Lifetime Membership of the Association.
Saad is also a Member of the International Bar Association (IBA), American Bar Association (ABA), Hong Kong International Arbitration Centre (HKIAC-HK45), International Association of Young Lawyers (AIJA), and life time member of the High Court Bar Association Pakistan
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