Peru

Extradition to Peru was granted upon verification of treaty requirements, including double criminality and the existence of a sufficient evidentiary basis, without any review of the merits. Structural deficiencies in detention conditions were held insufficient, per se, to refuse surrender. However, where a real and individualized risk to life or physical integrity is established — including risks arising from non-state actors —, extradition may be conditioned on specific protective guarantees.

Under the Extradition Treaty between Italy and Peru, surrender shall be refused “if, at the time of receipt of the request, the prosecution or the penalty is time-barred under the law of either Party in respect of the offence for which extradition is sought.” As this constitutes a mandatory ground for refusal, the identification of the relevant conditions necessarily falls within the assessment of the judicial authority of the requested State. Accordingly, that authority must both assess limitation under its own domestic law and verify whether the offence has become time-barred under the law of the requesting State. The assessment of limitation must be carried out by applying the law in force at the time the offence was committed. The principle of tempus regit actum, together with the autonomous determination of limitation periods under the legal systems of both the requesting and the requested States, stems from the principle of double criminality—and, by the same token, of double prosecutability. Consequently, the law applicable for limitation purposes is necessarily that in force at the time the offence underlying the extradition request was committed.