Italy – Brazil

🇮🇹 Italy → 🇧🇷 Brazil

Bilateral Information
Applicable Treaties
Extradition Treaty between the Italian Republic and the Federative Republic of Brazil, done in Rome on 17 October 1989.

Date of signature of the agreement: 17 October 1989
Place of signature of the agreement: Rome
Type of agreement: bilateral
Date of entry into force: 1 August 1993
Implementing legislation: Law No. 144 of 23 April 1991
Publication: Official Gazette No. 108 of 10 May 1991, Ordinary Supplement
🇮🇹Italy → 🇧🇷Brazil
Decision on precautionary measureExtradition
Extradition and precautionary measures: lack of reasoning on flight risk and immediate release of the sought person
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Summary
The existence of a flight risk, which justifies the application of a measure restricting personal liberty, must be supported by a reasoned assessment based on specific, concrete, and indicative elements pointing to a real possibility that the requested person may abscond clandestinely. The severity of the penalty that the person would face upon surrender does not, in itself, constitute a relevant factor for this purpose. In the present case, the reasoning provided by the Court of Appeal is merely apparent, as it relied on a factor—the seriousness of the offence—which is not, per se, unequivocally indicative of a flight risk, while at the same time failing to verify the existence of elements capable of establishing the concreteness and present nature of such risk, or, conversely, its absence. As to the type of decision, the Court considers that the preferable solution is to make the annulment of the order for lack of reasoning entail the immediate release of the requested person.
17/02/2025 · Italian Supreme Court · 16342/2025
🇮🇹Italy → 🇧🇷Brazil
Decision on precautionary measureExtradition