San Marino

The Court of Appeal of Bologna granted the extradition of an Italian national to San Marino for the execution of a custodial sentence for aggravated theft and for pending charges of escape and aggravated criminal damage. The defence opposed extradition on the grounds of allegedly inhuman detention conditions in the San Marino prison system, violation of fair trial guarantees due to a conviction rendered in absentia, structural deficiencies in the Sammarinese judicial system, and inadequate medical assistance in detention. The Court held that the requested person had been fully aware of the criminal proceedings, having been arrested in flagrante delicto and questioned by the authorities, and therefore could not rely on Article 6 ECHR violations linked to trial in absentia. It further found that the detention conditions described did not amount to inhuman or degrading treatment and that the requested person’s health needs could adequately be addressed within the prison system of the requesting State. Accordingly, the Court concluded that all statutory conditions for extradition under Articles 697 et seq. of the Italian Code of Criminal Procedure were satisfied.