Italy – Argentina
๐ฎ๐น Italy โ ๐ฆ๐ท Argentina
5 cases found๐ฆ๐ท โ ๐ฎ๐น
Bilateral Information
Applicable Treaties
Bilateral Convention signed in Rome on 9 December 1987 (ratified by Law No. 219/1992) and supplemented by the Additional Protocol of 2003.
Extradition to Argentina granted: prison reports did not show a systemic Article 3 bar
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Summary
The case concerned an Argentine request for extradition from Italy for prosecution in relation to the attempted export of approximately 22 kilograms of cocaine. The requested person opposed extradition, relying in particular on the risk of inhuman or degrading treatment in Argentine prisons. The defence produced a report by the Argentine Prison Ombudsman describing, with reference to 2018, prison overcrowding, poor hygiene and health care, violations of fundamental rights, ill-treatment, violence by prison staff and deaths in custody. The Court of Appeal of Bologna held that those materials did not establish a bar to extradition. It noted that, under Italian case law, refusal on human rights grounds requires an alarming situation attributable to a normative or factual choice of the requesting State, and not merely occasional or remediable violations. The Court considered that the existence of an independent public body entrusted with monitoring, reporting and bringing complaints on behalf of detainees showed an institutional commitment by Argentina to address prison abuses and provide legal protection. It also found that the defence had not shown that the conditions described in the 2018 report remained unchanged at the time of the decision. The Court added that the COVID-19 pandemic did not prevent the judicial finding that extradition conditions were met, since surrender would take place according to applicable health protocols. Extradition to Argentina was therefore granted.
04/08/2020 ยท Court of Appeal of Bologna ยท 10018/20
๐ฎ๐นItaly โ ๐ฆ๐ทArgentina
GrantedExtradition