Peru

The Court may place particular emphasis on the seriousness of the offences for which the person is sought (murder and robbery) and on the corresponding penalties, as well as on the circumstance that the individual is unlawfully present in the national territory, lacking a residence permit. Although some arguments relied upon are not entirely pertinent (such as the alleged unreliability of electronic monitoring devices—so-called “electronic bracelets”—in ensuring compliance with custodial requirements, “as unfortunately demonstrated by numerous news reports”), the reasoning of the Court of Appeal is primarily grounded on the seriousness of the offences for which the person is sought and the severity of the applicable penalties, in addition to the fact that the individual is illegally present in the national territory. These elements consistently led the Court to consider as recessive the circumstances put forward by the defence, namely that the applicant has relatives in Italy willing to accommodate him and that he carries out undeclared work. This constitutes a reasoning that is by no means merely apparent and, as such, is not subject to challenge at this stage. The appeal, in fact, alleges an erroneous assessment of the elements underlying the decision, thus raising an issue of reasoning which is not reviewable under Article 719 of the Italian Code of Criminal Procedure.

The requirements of concreteness and immediacy of the risk of flight, for the purpose of applying coercive measures, must be assessed by the precautionary judge on the basis of specific indicators capable of demonstrating—even inferentially—the existence of a real and foreseeable risk that the requested person may abscond in the near future, such as to justify the imposition of a restrictive measure. The severity of the sentence to which the person would be exposed in the event of surrender does not, in itself, constitute a relevant circumstance for these purposes.