Russia

In matters of extradition to a foreign State, when assessing the existence of grounds precluding the issuance of a decision in favor of surrender - which, pursuant to Article 714(3) of the Italian Code of Criminal Procedure, also bar the adoption of coercive measures aimed at securing its execution - the Court of Appeal is required to determine whether, on the basis of objective and reliable elements, there is a risk that the person sought will be subjected, in the requesting State, to inhuman or degrading treatment (also considering the impact of Russia - Ukraine war).

The case concerned an extradition request submitted by the Russian Federation against a person sought for the offence of establishing a criminal organization.The Ankara 33rd Heavy Penal Court found the extradition request admissible under Law No. 6706 and the bilateral treaty between Türkiye and the Russian Federation.The defence appealed, arguing inter alia that:- the extradition request contained contradictory and incomplete information;- the alleged conduct, place of commission, and applicable legal provisions were insufficiently specified;- the requested person risked politically motivated prosecution;- extradition could expose the requested person to torture, ill-treatment, or disproportionate punishment;- defence rights had been violated;- and proportionality and family circumstances had not been properly considered.The Turkish Court of Cassation held that:additional information and supporting evidence should have been requested from the Russian Federation;the alleged acts should have been concretely specified regarding place, time, and manner of commission;translated and certified evidentiary materials linking the requested person to the alleged offence should have been obtained;double criminality and limitation-period assessments required further clarification.The Court further found that:- the requested person had not properly been informed about consent-based extradition procedures;- defence rights had been restricted because extradition materials had not been properly disclosed;- specialty-principle guarantees had not been reflected in the judgment;- and the lower court failed to assess family integration, long-term residence, health conditions, and proportionality under Article 11(4) of Law No. 6706.The extradition admissibility judgment was therefore quashed.

risk of inhuman or degrading treatment: for the purposes of assessing the ground for refusal provided for by article 698(1) of the italian code of criminal procedure, the court of appeal must verify whether the penalty provided for under the law of the requesting state—regardless of its formal designation—effectively amounts to treatment that violates the fundamental rights of the individual.

The case concerned the requested extradition of a Ukrainian national to Russia for organised drug-related offences carrying a possible sentence of life imprisonment. The Supreme Court held that the appellate court was required, even beyond the grounds expressly raised on appeal, to examine whether a life sentence would be reducible de jure and de facto through a realistic review and release mechanism compatible with Article 3 ECHR. The mere existence of a formal parole provision was insufficient without assessing its practical accessibility, governing criteria and actual operation. The decision permitting extradition was therefore quashed and the case remitted for a comprehensive reassessment.