Tunisia

For the validation of a provisional arrest, the issiung of a Interpol red notice by the requesting State, indicating the custodial measure restricting personal liberty, is enough. Accordingly, at this stage, it is not necessary for the extradition request to have already been formally submitted by the foreign State, since even a mere Interpol notice suffices, as it constitutes a request aimed at the adoption of a precautionary measure pending the transmission of the extradition request.

In matters of extradition, the ministerial request for the application of pre-trial detention, submitted following a decision favourable to surrender under Article 704(3) of the Italian Code of Criminal Procedure, is not binding on the judicial authority, as the custodial measure must in any event be ordered in light of the precautionary needs pertaining to the extradition proceedings, to be assessed pursuant to Article 714(2) of the Italian Code of Criminal Procedure.