Peru

The case concerned extradition proceedings initiated following a request by the Republic of Peru in relation to drug trafficking offences. The Supreme Court of Argentina set aside the decision granting extradition after finding that the documentation relied upon by the lower court constituted only a request for provisional arrest for extradition purposes, while the formal extradition request had been filed only after the extradition ruling had been issued. The Court held that the extradition proceedings were invalid because neither the hearing required under Article 27 of Law No. 24.767 nor the trial stage provided for under Article 30 had taken place before the extradition decision. Recalling its settled case law, the Court emphasized that, once the formal extradition request has been received, the judicial authority may rule on extradition only after completion of the mandatory hearing and trial stages, unless the requested person consents to surrender or mistaken identity is established. The Court further stressed that extradition proceedings, although distinct from ordinary criminal trials, cannot become a “game of surprises” undermining the requested persons’ right of defence.

If specific assurances are requested regarding detention conditions, generic information lacking any degree of individualisation cannot be regarded as sufficient, such individualisation being a necessary precondition also for assessing the concrete adequacy of any compensatory measures, which must be calibrated to the extent of the prejudice otherwise arising from overnight confinement in a cell. Accordingly, where a specific receiving prison has not been identified and, above all, where the size of the cells (to be assessed in relation to the number of detainees expected to remain therein, at least during night-time) has not been provided, further inquiries will be required.